Claimant v Weavers Whistle Ltd
Outcome
Individual claims
The tribunal found that the respondent had made an unauthorised deduction from the claimant's wages in respect of accrued holiday pay. The claimant was entitled to 5.6 weeks of holiday pay calculated on the basis of working 8 weeks of the year at 50 hours per week at £14 per hour.
The tribunal found that the claimant was dismissed in breach of contract with respect to notice. The claimant was entitled to 4 weeks' notice at 35 contractual hours per week at £14 per hour, less the £116.75 already paid during the week of notice given.
The tribunal found that the respondent breached the claimant's contract in respect of contractual sick pay. The claimant was entitled to 1.2 weeks of sick pay at his contractual rate of 35 hours per week at £14 per hour.
Facts
Mr Bailey brought claims for unlawful deduction of wages, wrongful dismissal, and breach of contract for contractual sick pay against his former employer Weavers Whistle Ltd. He worked 35 contractual hours per week at £14 per hour, though had worked 50 hours per week during an 8-week period. He was dismissed without proper notice and had not been paid for accrued holiday or contractual sick pay entitlements.
Decision
The tribunal found in favour of the claimant on all three claims. It awarded £603.08 for unlawful deduction of holiday pay, £1,843.25 for breach of contract in respect of notice pay (less amounts already paid), and £471.25 for breach of contract regarding contractual sick pay, for a total gross award of £2,917.58.
Practical note
Employers must ensure they pay all contractual entitlements including proper notice, accrued holiday pay calculated on actual hours worked, and any contractual sick pay when terminating employment.
Award breakdown
Case details
- Case number
- 6004019/2024
- Decision date
- 30 May 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Service
- 2 months
Claimant representation
- Represented
- No