Ms E Williams v Cavali Investments Ltd — 2021

Ms E Williams started work as a Food and Beverage Assistant at the Maes Manor Hotel on 7 June 2019. She brought claims for unpaid wages, holiday pay and notice pay. The tribunal preferred the evidence of Mr Yarnold and Ms Wellings on the events of 9 September 2019 and found that the claimant resigned during the telephone call rather than being dismissed. The judgment refers in places to 9 September 2020, but the surrounding correspondence and chronology are dated September 2019.

On the notice pay claim, the tribunal held that because Ms Williams resigned without notice she was not entitled to notice pay. On holiday pay, the tribunal accepted that she had already been paid holiday pay totalling £369.45 and found that, based on her contract and hours worked, she had accrued holiday worth £251.23 up to the date of resignation. It therefore concluded that no further holiday pay was due and that she had been overpaid on holiday pay rather than underpaid.

On wages, the tribunal found that the hours recorded on the claimant's signing-in sheets matched the hours paid on her payslips except for one entry on the July 2019 timesheet. That entry recorded that she was owed seven hours for 22 June 2019. The tribunal accepted that this was an outstanding underpayment and ordered the respondent to pay £57.47 gross in respect of those seven hours. Apart from that sum, it found that no other wages were due.