Did not attend For the v Mr Anthony Collett — 2019

The claimant, Miss Krystina-Marie Needs, did not attend the hearing. The respondent, Collett Leisure Limited (in Creditors’ Voluntary Liquidation), was represented by Mr Anthony Collett, whose evidence the tribunal found credible. The tribunal found on the balance of probabilities that CCTV footage showed the claimant had stolen money from the respondent, and the respondent assessed the amount stolen at about £4,100. The police investigated but declined to prosecute. The tribunal also accepted that the claimant’s employment contract contained a deduction clause permitting deductions on termination for sums owed to the company and losses attributable to negligence or dishonesty.

The tribunal dismissed the claim for accrued holiday pay under the Working Time Regulations 1998. It accepted Mr Collett’s evidence that, in the relevant holiday year, the claimant had already taken holiday in excess of her pro rata entitlement by the time of dismissal. On that basis, the claimant had no accrued holiday entitlement at termination.

The tribunal also dismissed the claims for unlawful deduction from wages and breach of contract in respect of notice pay. It accepted that the respondent would ordinarily have owed the claimant £1,386.35 net, made up of £1,100 net for November 2018 salary and £286.35 net for one week’s notice pay, but held that the respondent was entitled to deduct those sums to offset losses caused by the claimant’s dishonesty under the employment contract. All claims were therefore dismissed.