Miss C Teagann v Aurea Search Limited — 2021

Miss C Teagann was employed by Aurea Search Limited from 29 January 2019 as Head of People. Her pay later increased so that her take-home pay was £1,541 per month, and her contract also provided for unlimited annual leave and a bonus package linked to gross profit. She brought claims for unauthorised deductions from wages, pension contributions and a bonus payment. The pension contribution claim was withdrawn before the hearing and the bonus payment claim was withdrawn during the hearing.

The tribunal found that the employment relationship had not ended in December 2019 or at the meeting on 6 January 2020. It accepted the claimant's evidence and the contemporaneous text messages showing that the parties were still discussing wages and future working arrangements after that meeting. The tribunal found that the meeting on 6 January was not an exit interview, that the claimant had not resigned, and that the respondent had not terminated the contract in writing at that stage. It also found that the claimant was still employed until 14 February 2020, although she did no work in January and February after access to her work email was removed on 9 January.

On the wages claim, the tribunal held that the claimant should have been paid £1,541 for December 2019 but received £900, leaving £641 outstanding. It found that there was no written agreement authorising that deduction. For January and February 2020, the tribunal accepted that there had been an agreement in principle to reduce the claimant's role to three days per week, so it assessed her entitlement on a pro rata basis at £924.60 per month. The respondent paid nothing for those two months, so the tribunal found unlawful deductions of £924.60 for January and £924.60 for February.

The tribunal ordered the respondent to pay the claimant the net sum of £2,490.20 in respect of the unlawful deductions from wages. No separate remedy was awarded for the withdrawn pension contribution or bonus claims.