Mr M Matthews v NT1 Construction Ltd: 2407261/2021
REASONS
[1]The claimant worked as a joiner for the respondent construction company from 7 June 2019 to 7 April 2021.[2]The claimant complains that he was not paid for the last three weeks of his employment with the respondent.[3]The claimant also complains that the respondent failed to pay in accordance with his notice period and accrued holiday pay on termination of employment.[4]The claimant was entitled to gross wages of £600 per week.[5]The claimant’s last three weeks of employment coincided with his agreement to receive a reduction in his gross weekly pay as a result of the respondent accessing the coronavirus job retention scheme. Therefore, the claimant’s gross weekly pay was reduced to £480.[6]The claimant received pay slips for the weeks commencing 15 March 2021, 22 March 2021 and 29 March 2021. However, the respondent failed to pay the claimant over this period.[7]There has been an unlawful deduction from the claimant’s gross wages of £1440.[8]On 14 April 2021 the claimant received his P45 dated 7 April 2021. The P45 recorded the claimant’s last day of employment as 30 March 2021.[9]However, in accordance with section 86 of the Employment Rights Act 1996 the claimant was entitled to notice of termination of employment of one week.[10]The claimant is therefore entitled to gross notice pay of £600.[11]On 5 April 2021 the claimant received a pay slip for holiday pay accrued prior to termination of his employment of £540. However, the respondent failed to pay the claimant for his accrued annual leave.[12]The claimant is therefore entitled to gross holiday pay of £540.