Claimant v SBS Group Limited — 2023

Ms S Hewett worked for SBS Group Ltd as an executive administrator/PA from 30 May 2022 on a gross salary of £28,000 and a one-week notice period. The respondent did not file a response, did not engage with the proceedings, and emailed shortly before the hearing that it would not attend. The tribunal proceeded in its absence under Rule 47 and heard evidence from the claimant together with her contract, payslips and bank statements.

The tribunal accepted that the claimant was last paid, albeit late, on 3 February 2023 for January 2023, and that she then received payslips for February and March 2023 but no corresponding wages. It found that she was also unpaid for April and May 2023, that the March payslip was lower because she had been signed off sick from 7 to 21 March 2023, and that she had received £223.25 in universal credit. On that basis, it held that wages totalling £6,574.99 net were owed for February to May 2023.

The complaint under section 23 of the Employment Rights Act 1996 succeeded. The tribunal ordered SBS Group Ltd to pay £6,574.99 net to the claimant, after taking account of the universal credit received, and to make the corresponding pension contributions to NEST in the sum of £252.61, with the gross payment to be treated as subject to the usual tax and National Insurance deductions.