Miss S Sinnott v Clubify Limited — 2021

Miss S Sinnott worked for Clubify Limited from 14 April to 31 August 2020. The Tribunal found that when she was told on 31 August 2020 that, because of economic pressures, cuts were being made and she was given one week's notice that she was not required to work, she was not paid notice pay, accrued but untaken holiday pay, or her wages for August 2020. The Claimant gave evidence and her contract was shown on screen; the Respondent did not appear, was not represented, and no response was served.

The Tribunal accepted the Claimant's evidence that, after the death of the Respondent's founder and sole director, she and some former colleagues were initially asked by police not to start tribunal proceedings while the circumstances of his death were investigated. It accepted that it was not reasonably practicable for the former employees to enter Early Conciliation at that time, and noted that she later entered Early Conciliation on 18 and 19 February 2021 before presenting her claim on 20 February 2021.

The claims for notice pay, holiday pay and unlawful deductions from wages succeeded. The Tribunal calculated gross awards of £575.34 for one week's notice, £312.32 for 3.8 days' accrued holiday, and £2,500 for August 2020 wages, making a total gross award of £3,387.66. The claims for unfair dismissal and redundancy pay were struck out because the Claimant did not have two years' continuous service, so the Tribunal had no jurisdiction to hear them. Because it could not calculate deductions and the Respondent was unlikely to operate PAYE, the award was made gross.