Mr W Shakespeare v Community Transport: 1300332/2018
| Judgment Date | 01 November 2019 |
| Citation | 1300332/2018 |
| Published date | 21 November 2019 |
| Court | Employment Tribunal |
| Subject Matter | Unlawful Deduction from Wages |
Case Number:1300332/2018
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EMPLOYMENT TRIBUNALS
BETWEEN
Claimant Respondent
Mr W Shakespeare AND Community Transport
JUDGMENT OF THE EMPLOYMENT TRIBUNAL
HELD AT Midlands West ON 28 and 29 January 2019
9 September 2019
(In Chambers)
EMPLOYMENT JUDGE Woffenden
Representation
For the Claimant: In Person
For the Respondent: Ms H Boynes, solicitor advocate
RESERVED JUDGMENT
1 The claimant’s claim for arrears of pay fails and is dismissed.
2 The claimant’s claim for holiday pay fails and is dismissed.
REASONS
1 On 23 January 2018 the claimant presented a claim to the tribunal against the
respondent (a charity) for holiday pay arrears of pay and ‘other payments.” He
set out at section 8.2 the following narrative:
“my claim is underpayment of hours work. holiday pay owing. none payment of
offered contract for first 3 months and contract offered a job interview and
verbally by my manager not the contract i got.
claim 1 hours worked to wages received Dec 2016 till Nov 2017 are £505.40
short in pay to hours i worked
Case Number:1300332/2018
claim 2 holiday pay Dec2016 till April 2017 short by gov.uk holiday calculator of
£229.24 p
claim 3 holidays April 2017 till12/112017 short by gov.uk calculator by £69.42 p
after including 1 bank holiday I had added to my holidays for Aug 2017
claim 4 none payment of contract given of 22.5 hours for June July and Aug 2017
total 82.5 hours missing £660
claim 5 contract offered at job interview my job acceptance letter and verbally by
my manager 2 weeks before I started permanent was was (sic) for 32 hours 4
days on 4 days off not 22.5 hours which is 3 days on 3 days off as i worked and
was rostered for 4 days on and 4 off at no stage was i told that it was 22.5 hours
contract till the day i left when i finally received it 5 months 12 days after i started
it and worked as 32 hours like the other 3 drivers that did same job. even at the
meeting held with us 4 drivers the manager and 2 woman from head office
human resources dept when it was brought up did anybody tell me i was only on
22.5 hours as the meeting was to tell us we was moving location and going to a
22.5 hour contract.”
The Issues
2 The claim was listed for hearing on 28 and 29 January 2019. The first day was
taken up with identifying and agreeing a list of issues. The respondent conceded
the claimant was an employee and that the issue of time limits did not arise. The
agreed issues in dispute were as follows:
Claim 1 (hours of work and wages received for December 2016 to
November 2017)
2.1 What were the terms of the contract in relation to the scale or rate of
remuneration for the following periods:
a) December 2016 to June 2017
b) June 2017 to November 2017?
2.2 What were the terms and conditions relating to hours of work (including any
terms and conditions relating to normal hours of work) for the following periods:
a) December 2016 to June 2017
b) June 2017 to November 2017?
2.3 What were the terms and conditions relating to entitlement to holidays,
including public holidays, and holiday pay for the following periods:
a) December 2016 to June 2017
b) June 2017 to November 2017?
2.4 Did the respondent breach the contract for the following periods, if so, how
and when?
a) December 2016 to June 2017
b) June 2017 to November 2017?
2.5 Were any mistakes in pay rectified at the grievance meeting?
2.6 Was there any deficiency in wages properly payable for the following periods:
a) December 2016 to June 2017
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