Claimant v Veea Group Ltd — 2021

The claimant, Mr Tobias Callum Rawcliffe, was employed by Veea Group Ltd under a letter dated 18 September 2020 that the tribunal treated as a statement of particulars of employment. The agreed terms included salary of £40,000 per annum, 32 days' annual leave and, after 12 weeks, four weeks' notice to terminate. The tribunal did not make any finding of failure to supply a written statement because the offer letter itself recorded the contractual terms.

On wages and holiday pay, the tribunal found that during the employment the claimant received only £4,261.50 on 13 November 2020 and no other payments, despite working until he resigned on 29 January 2021. The claimant had accrued 8 days' holiday but accepted that he had taken 5 days, so he was owed 3 days' unpaid holiday. Mr Lavery, for the respondent, conceded that in the absence of a written agreement permitting withholding of pay the respondent was not legally entitled to withhold the claimant's wages and that judgment should be entered for £7,007.50 net for unpaid wages and £355.80 net for holiday pay.

For notice pay, the tribunal found that the claimant had agreed in writing on 4 February 2021 to forgo notice and notice pay only if his outstanding salary was paid. That condition was not met, and the claimant had otherwise been willing to work, so the respondent's failure to pay him in lieu of notice was a breach of contract. The tribunal held that he was entitled to four weeks' notice at a weekly gross rate of £769.23, but reduced the damages to reflect alternative employment and awarded £1,376.92 gross. The total award was £8,740.22.