In person For the v Mrs C Wilson (T/a Stepping Stones Nursery and Woodland Adventures) — 2023

At a remote CVP hearing on 25 August 2023 before Employment Judge N J Roper, the tribunal found that Ms Lindy Minshull had been employed by Mrs Claire Wilson, trading as Stepping Stones Nursery and Woodland Adventures, from 13 June 2022 to 18 July 2022 as Office Manager (Finance). Ms Minshull had brought monetary claims for unlawful deduction from wages in respect of her final salary and unpaid accrued holiday pay. By the hearing, the outstanding £802.16 had been paid, so the tribunal made a declaration that the unlawful deduction claim was well-founded but did not make any further award on that claim.

The tribunal also considered the respondent's failure to provide a written statement of particulars of employment. The respondent accepted that no written statement had been issued, but said the claimant could have arranged the paperwork herself; the claimant disputed that she had access or authority to do so. The tribunal applied section 38 of the Employment Act 2002 and noted that the minimum award was two weeks' pay unless exceptional circumstances made that unjust or inequitable.

The tribunal found that the claimant had been employed only for a short period and was not persuaded that it was just and equitable to award four weeks' pay. It also found no exceptional circumstances to disapply the statutory award. The tribunal therefore awarded the minimum two weeks' pay, limited to the statutory weekly cap of £571, producing a further award of £1,142. The claimant had sought £2,476.80, calculated by reference to four weeks' pay at £619.20 per week, but the tribunal did not increase the award beyond the statutory minimum.