Ms S McCormack v Epicurean Events Ltd — 2021

Ms S McCormack worked for Epicurean Events Ltd from 13 July 2021. The tribunal accepted that she was paid a salary of £22,000 per annum and had received a £400 advance on 20 July 2021. The respondent accepted that arrears of pay were owed, but the parties disagreed about the number of days worked and the amount due.

The tribunal preferred the claimant's evidence on when she returned to work after Covid and found that she restarted remotely on Friday 30 July 2021. It also preferred her evidence that she worked throughout August 2021 until her employment ended on 18 August 2021. On that basis, the tribunal found that she worked 22 days in total and had 5 days off sick.

Applying the agreed daily rate of £84.62, the tribunal calculated pay due for 22 days as £1,861.64. It added £96.35 for five days of statutory sick pay at £19.27 per day, producing a gross entitlement of £1,957.99. After deducting the £400 advance already paid, the tribunal ordered the respondent to pay £1,577.99 as arrears of wages.

The claimant also sought compensation for stress caused by non-payment of wages. The tribunal held that it had no jurisdiction to award that compensation under the Employment Rights Act 1996 and dismissed that part of the claim. Separately, the respondent's late response was allowed after the tribunal granted an extension of time, applying Kwiksave Stores v Swain.