Former employee wins pay claims for underpaid weekend shifts and holiday
A tribunal found that Tees Valley Community Asset Preservation Trust underpaid a former employee for weekend shifts, failed to pay Sunday premiums, notice pay, and holiday pay. The unfair dismissal claim was dismissed.
1 min read · Last updated 18 May 2026
Case details
Key facts
- Mr Matthews worked weekend shifts for which he was paid 7.5 hours instead of 8.5 hours.
- The respondent failed to pay £76.50 per Sunday worked from 1 April to 31 May 2020.
- The respondent failed to pay notice pay for 1-8 June 2020.
- The respondent failed to pay accrued holiday pay for leave years ending 31 March 2019 and 2020.
- The respondent failed to provide a written statement of employment particulars.
- The unfair dismissal complaint was dismissed.
Timeline
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Start of period for weekend shift underpayment
Mr Matthews began working weekend shifts for which he was paid 7.5 hours instead of 8.5 hours.
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Holiday taken
Mr Matthews took holiday on this date, for which he was not paid the full amount due.
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Holiday taken
Mr Matthews took holiday on this date, for which he was not paid the full amount due.
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End of leave year
End of the leave year ending 31 March 2020.
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Start of Sunday underpayment period
From this date, the respondent failed to pay £76.50 per Sunday worked.
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End of Sunday underpayment period
Last date of the period for which Sunday pay was underpaid.
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Start of notice period
Mr Matthews' notice period began.
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Termination of employment
Mr Matthews' employment ended. The respondent failed to pay notice pay for this period.
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First day of hearing
The substantive hearing began before Employment Judge Aspden.
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Final day of hearing
The hearing concluded and the unfair dismissal complaint was dismissed.
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Judgment sent to parties
The written judgment was issued.
The legal issue
The tribunal had to decide whether the respondent breached the former employee's contract by underpaying him for weekend shifts, failing to pay Sunday premiums, notice pay, and holiday pay, and whether his dismissal was unfair.
The outcome
The tribunal found in favour of the former employee on multiple pay-related claims:
- Underpayment for weekend shifts: the employee was paid for 7.5 hours instead of 8.5 hours per shift. The amount is to be agreed or determined at a further hearing.
- Sunday premium underpayment: £220.50 for nine Sundays worked between 1 April and 31 May 2020.
- Notice pay: £76.50 for the period 1–8 June 2020.
- Holiday pay for leave taken in 2019/20: amount to be agreed or determined.
- Holiday pay for accrued untaken leave: £10.25 for 2018/19, £76.50 for 2019/20, and £81 for 2020/21.
- Section 38 award for failure to provide written statement of employment particulars: £153.
The unfair dismissal complaint was dismissed.
Lessons & takeaways
- Keep accurate records of hours worked and pay received to support a claim for unlawful deductions.
- Employers must provide a written statement of employment particulars within two months of starting work.
- Holiday pay must be calculated correctly and paid for all accrued untaken leave on termination.
- If you believe you are being underpaid, raise the issue early and gather evidence.
- An unfair dismissal claim requires more than just a pay dispute; the reason for dismissal must be examined separately.
What this case shows in practice
This case highlights how employment tribunals can help employees recover unpaid wages and holiday pay, even when the amounts involved are relatively small. The former employee successfully argued that his employer, Tees Valley Community Asset Preservation Trust, had systematically underpaid him for weekend shifts by paying for 7.5 hours instead of 8.5 hours. He also won claims for unpaid Sunday premiums, notice pay, and holiday pay across multiple leave years.
What the losing side could have done differently
The employer could have avoided this dispute by ensuring that contracts and pay calculations were accurate from the start. Failing to provide a written statement of employment particulars led to an additional award of two weeks' pay. Keeping proper records and paying the correct amounts for all hours worked, including Sunday premiums, would have prevented the majority of claims.
Why the result matters for similar claims
This case demonstrates that employees can bring claims for multiple breaches of contract and unlawful deductions in one tribunal claim. Even where the unfair dismissal claim fails, the pay-related claims can succeed. The tribunal also ordered the employer to pay compensation for failing to provide a written statement, which is a common oversight. Employees should be aware that they can claim for underpaid wages, holiday pay, and notice pay, and that the tribunal will enforce these rights.
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