A WINDOW installation company has been ordered to almost £14,000 to a former employee for not providing a contract or payslips, failing to pay holiday entitlement, and unfair dismissal.
The Employment and Discrimination Tribunal heard that Ian Pybus was employed by Windowmonkey as an installer from 10 April 2024 to 10 April 2025.
He had an oral agreement with Johnn McNamara, the company’s director and owner, to be paid £25 per hour for a 40-hour work week, with 15 days of annual holiday and monthly pay. In January 2025, his pay increased to £26.50 per hour.
Mr Pybus brought claims for constructive unfair dismissal, unpaid holiday, unlawful deductions, no payslips, and no written terms of employment.
Windowmonkey did not respond to the claims, resulting in default judgment in favour of Mr Pybus under Jersey tribunal rules.
Mr Pybus said that, despite multiple requests he was never provided with a written contract.
The tribunal deemed this to be a “moderately serious breach” of employment law since other employees had contracts, and the only explanation given was that the director was busy.
As a result, Mr Pybus was awarded two weeks’ pay, amounting to £2,120, as compensation.
Mr Pybus also told the tribunal that he did not receive regular payslips.
He claimed to have received only a few payslips throughout his employment, which led to confusion over deductions and Windowmonkey’s holiday buyback scheme.
The tribunal also considered this a “moderately serious breach” of employment law and awarded Mr Pybus additional £2,120 in compensation.
By the end of 2024, Mr Pybus had accrued ten days of holiday leave.
He was paid for five days in December 2024, but the remaining five days were not paid.
Based on his 2024 pay rate of £25 per hour, the tribunal awarded him £1,000 in damages for the unpaid holiday.
Mr Pybus said that he had a meeting with Mr McNamara on 10 April 2025 to discuss the non-remittance of his tax and social security contributions, and outstanding holiday pay from 2024.
He also said they discussed problems with the director ignoring customers.
Mr Pybus did not get a satisfactory response to his concerns so he resigned with immediate effect.
The tribunal ruled: “Non-payment of holiday pay and deducting sums without remitting them to Revenue Jersey are fundamental breaches of the contract of employment.
“Mr Pybus resigned in response to these breaches so was effectively dismissed.”
The tribunal awarded him the full entitlement of eight weeks’ pay, totalling £8,480.
In total, Windowmonkey was ordered to pay Mr Pybus £13,720 within 14 days of the date of the judgment.
Compensation awards are not subject to income tax or social security deductions, but holiday pay is.
Mr Pybus also reported receiving letters from Revenue Jersey indicating that he owes income tax and social security contributions for the period he worked.
This implies that although these amounts were deducted from his wages, Windowmonkey failed to remit them to Revenue Jersey – which is unlawful.
But as Mr Pybus was unable to determine the exact amount that was deducted but not remitted, the tribunal adjourned this part of his claim.
He was instructed to inform the Tribunal within one month either with evidence of the amount claimed, or to withdraw the claim if the matter has been resolved.
