Ms H Parry v Ultimate N & B Ltd — 2022

Ms Parry had worked for the respondent as a Beauty Therapist since 30 May 2005. After returning from maternity leave in March 2020 she worked three days a week, paid at £9.50 per hour, amounting to £190 gross per week. The tribunal accepted that from 30 June 2021 she was paid at £123.50 per week instead, and held that her continuing to work after that date did not amount to affirmation of the contract, because the arrangement was understood to be temporary and she needed to provide for her two children. Applying Abrahall & ors v Nottingham City Council and anr [2018] EWCA Civ 796, the tribunal found an unlawful deduction from wages of £266 gross for the four-week period before notice was given on 24 July 2021.

On notice pay, the tribunal found that the claimant had 17 complete years' service and was entitled to 12 weeks' notice under s.86 Employment Rights Act 1996. It calculated gross notice pay at £2,280, then gave credit for £380 already received as notice pay and £195 earned in self-employment after the employment ended, leaving £1,705 gross payable. The judgment labels this part 'Notice pay' and makes the award subject to deductions for tax and National Insurance.

The tribunal also found that the claimant was dismissed by reason of redundancy. It applied the statutory redundancy formula in ss.145, 162 and 164 Employment Rights Act 1996, using 12 years of service at the age-band multiplier of 1 and 5 years at the multiplier of 0.5, producing a redundancy payment of £2,755. The respondent did not enter a response and took no part in the proceedings.