Ms. B Bozhikova v Alterations Boutique Ltd — 2022

The tribunal upheld claims for unlawful deduction from wages, breach of contract, and payment in lieu of untaken annual leave. It found that Ms B Bozhikova worked for Alterations Boutique Ltd as a seamstress from 13 July 2021 to 5 October 2021, initially on £30,000 per annum and then on £35,000 per annum from 13 August 2021. The tribunal accepted that she worked 43.5 hours per week and that, while covering the Manchester outlet, she performed overtime and additional duties including responding to texts, phone lines, material requests, and deliveries.

On the events of 5 October 2021, the tribunal preferred the claimant's account of the telephone conversation with Mr Echeverria. It found that she did not resign; instead, the respondent dismissed her because she no longer wished to work in Manchester. The tribunal therefore found that the respondent failed to give the contractual one month notice and awarded £2,691.80 for notice pay.

On wages, the tribunal found that the claimant completed the overtime shown in her ledgers and that the respondent underpaid it. It accepted that 112 hours had been paid at £8.91 rather than £15.47 and calculated unpaid overtime at £4,430.04. For annual leave, the tribunal applied regulation 14 of the Working Time Regulations 1998, found that 6.5 days remained due on termination, and awarded £874.80. No bonus award was made because that issue was not pursued at the hearing.