A HEATING and plumbing engineer employed by a local company for more than a year without receiving payslips or being given paid holiday has won more than £2,000 at the Employment and Discrimination Tribunal.
Spencer Ricketts, who worked for Inline Group (Jersey) Limited from February 2021 to March 2022, also succeeded in a claim for two weeks’ unpaid wages.
But the tribunal decided that he must repay his employer £580 to reimburse materials which he had purchased but subsequently returned and been refunded for.
Mr Ricketts brought a series of claims against his employer, all of which were denied by David Harper, a director of Inline.
But the tribunal, chaired by Dr Elena Moran, found that the company had failed to provide proper records of Mr Ricketts’s pay, something which Dr Moran described as a ‘moderately serious breach’ of the relevant article of the employment law.
The tribunal also declined to accept that Mr Ricketts’s pay had included an additional element compensating for the lack of formal holiday pay.
‘[The] contract fails to comply with the statutory holiday provisions in Articles 11 and 13 of the law [which] provide for a minimum period of paid holiday each year,’ Dr Moran said, adding that there was a requirement, where a person’s pay had instead been adjusted to take account of this, for the details of such an arrangement to be set out in writing in their contract.
Giving the tribunal’s judgment, Dr Moran rejected Mr Ricketts’s claim that there had been no written statement of employment, but she upheld the claims for £894.38 unpaid wages, £937.75 holiday pay and £888 for a failure to provide payslips.
Taking account of a counterclaim by Inline for the return of £516.20, which Mr Ricketts had claimed as reimbursement, she ordered that the company should pay the claimant £2,203.93.
