Ms Juliet Linsley v Spire Kool Limited — 2020

This was a Rule 21 default judgment. Ms Juliet Linsley was employed by Spire Kool Limited from 24 October 2018 to 8 May 2019, when she resigned on notice because her wages had not been regularly paid. No response was presented by the respondent, and the tribunal proceeded on the basis of the claim form and remedy statement.

For the unlawful deduction from wages claim, the tribunal accepted that the claimant had only been paid £1,808.15 on 11 December 2018, £1,300 on 1 March 2019, and £1,200 on 15 March 2019, a total of £4,308.15. On the evidence before it, her net salary was £656.46 per week and should have totalled £18,380.88 over 28 weeks, leaving £14,072.73 unpaid. The tribunal also accepted that she had 10 days of accrued but untaken holiday pay worth £1,312.90 under reg. 14(2) of the Working Time Regulations 1998, which it also treated as an unlawful deduction from wages.

The tribunal separately accepted that there was an oral agreement with Jeff Kirby, described as the respondent's CEO, for two weeks' wages as compensation for late payment of salaries. It found that this sum had not been paid and awarded £1,312.92 in damages for breach of contract. The tribunal said it classified this head of claim as breach of contract rather than unlawful deduction from wages because it did not have sufficient information to determine that the sum was payable on a particular occasion within s.13(3) ERA 1996.

The tribunal noted that the claimant also sought losses said to flow from looking for alternative work, but held those were not recoverable in an unlawful deduction from wages or breach of contract claim. It further noted claims for unquantified losses arising from late salary payments, but said no order could be made on that basis and observed that any such compensation payment already agreed would likely need to be set off under s.25(3) ERA 1996. The total award ordered was £16,698.55, payable within 14 days of the judgment being sent to the parties.