Claimant v The Sports PR Company
Outcome
Individual claims
The tribunal found the claimant worked 1-12 March 2024 and was not paid for this period. The respondent failed to identify any contractual or statutory basis for the deduction. This constituted an unlawful deduction from wages under s13 ERA 1996.
For 13-14 March 2024, the tribunal found the claimant's holiday request was not authorised and his absence was unauthorised. The claimant was not ready, willing and able to work, so wages were not 'properly payable' under s13(3) ERA 1996.
The tribunal calculated the claimant accrued 6 days annual leave by 12 March 2024 under the Working Time Regulations 1998, had taken 2 days, leaving 4 days outstanding. The respondent acknowledged holiday was owed but failed to pay. The claimant was entitled to payment in lieu for 4 days untaken accrued holiday at termination.
Facts
The claimant was employed as a Junior Publicist from October 2020 to March 2024. He gave notice in December 2023 with final employment date 14 March 2024. He worked 1-12 March 2024 but was not paid. He requested annual leave for 13-14 March, which was refused, but he did not attend work on those days. The respondent failed to attend the final hearing and had not complied with case management orders. The claimant was represented pro bono by the Free Representation Unit.
Decision
The tribunal found the respondent made unlawful deductions from wages for the period 1-12 March 2024 when the claimant worked but was not paid (£884.36). The claim for unpaid wages for 13-14 March failed as the claimant's absence was unauthorised. The tribunal upheld the holiday pay claim, finding the claimant was entitled to 4 days accrued but untaken holiday (£399.88) plus interest of £19.37, totalling £1,303.61 gross.
Practical note
Employers cannot withhold all wages for a pay period even when alleging breach of contract; and holiday pay calculations must comply with the Working Time Regulations' 5.6 weeks minimum, not just contractual entitlements.
Award breakdown
Award equivalent: 2.6 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 2220047/2024
- Decision date
- 24 January 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- No
Employment details
- Role
- Junior Publicist
- Salary band
- £25,000–£30,000
- Service
- 3 years
Claimant representation
- Represented
- Yes
- Rep type
- barrister