Symond Poole v Beverley Woolrich — 2022

This was a Rule 21 judgment after the respondent did not file a response. The claimant, Symond Poole, had been employed by Beverley Woolrich from 1 May 2021 to 4 August 2021 as a personal assistant, working 16 hours per week at £9.50 per hour. The tribunal accepted the claimant's documents and witness statement and found there was sufficient material to determine the claims.

On breach of contract, the tribunal found that the respondent's discussion of the claimant's termination with other employees, including a text saying the claimant was "not suitable for her needs" and offering her hours to Neil, amounted to a repudiatory breach of the implied term of trust and confidence. The claimant left on 4 August 2021 and was entitled to one week's notice. The tribunal held that one week was both the statutory minimum and a reasonable notice period in the circumstances, and awarded £152 subject to deductions.

The tribunal also found that the respondent had not provided any written statement of terms and conditions, contrary to section 1 of the Employment Rights Act 1996. Because the claimant had succeeded on a Schedule 5 claim and the breach remained outstanding when the claim was brought, the tribunal made an award under section 38 of the Employment Act 2002 of four weeks' pay, amounting to £608. It further found repeated failures to provide written, itemised pay statements under section 8 of the Employment Rights Act 1996, including late payslips and one payment for which no statement had been received, and awarded £50.

For holiday pay, the tribunal applied Regulation 15A of the Working Time Regulations 1998. It found that the claimant had accrued 1.48 weeks' holiday and that overtime worked during the short employment was not sufficiently regular to count as normal remuneration. Using the claimant's normal weekly pay of £152, the tribunal found she should have been paid £224.96 for accrued leave and was underpaid by £93.74. The total of the monetary awards was £903.74.