Miss Rhiannon Cole v Insight Events — 2021

Miss Cole worked for Insight Events as an Events Sales Organiser from 12 March 2021 until 5 April 2021. She resigned on 29 March 2021. The tribunal found that clause 12 of the contract gave one week’s notice during the first six months of employment, and that the respondent decided to place her on garden leave for the whole notice period rather than requiring her to work it. The tribunal also recorded that the claimant had a half-day of approved holiday on 29 March 2021 and a half-day of sickness that morning, and that she received no payment for the period of employment when salary became due on 25 April 2021.

On the unlawful deduction from wages claim, the tribunal found that the respondent had made an unauthorised deduction by not paying 11.5 days’ wages and that there was no contractual basis for the deductions the respondent later asserted, including alleged training, system costs, legal advice and management time. Applying section 13(1) of the Employment Rights Act 1996, it held that the deduction was not authorised under the contract. It accepted the claimant’s figures and ordered payment of £868.25 net.

On the breach of contract claim, the tribunal held that the claimant was entitled to one week’s notice pay under clause 12 and that, because the respondent chose garden leave, it had to pay for that period. The tribunal found that any accrued holiday up to termination was taken during the garden leave period and that the claimant was entitled to payment for five days of notice/garden leave. It ordered £377.73 net for that claim.