Ms Iushchuk v Lewag Limited — 2023

Ms Iushchuk resigned by email on 18 March 2023, stating that her last day would be 18 April 2023. The parties disputed what happened on 21 March 2023. The tribunal accepted the claimant's account that she was asked to leave the premises, that there was no agreement to end the contract on that day, and that there was no discussion of her contract of employment being terminated by mutual consent.

On the objective meaning of what was said on 21 March 2023, and in the context of the resignation letter, the tribunal found that clause 14.5 of the contract applied. It held that the claimant was in effect placed on garden leave, remained an employee, was not entitled to work elsewhere, and did not work for any other employer between 21 March 2023 and 18 April 2023. The tribunal referred to Delaney v Staples [1992] 1 AC 687 for the proposition that payment in respect of garden leave constitutes wages.

The tribunal therefore found that the respondent's failure to pay salary from 1 April 2023 to 18 April 2023 inclusive was an unauthorised deduction from wages. It also found that the claimant was entitled to holiday pay accrued from 1 April 2023 to 18 April 2023 inclusive, and that failure to pay that holiday pay was also an unauthorised deduction from wages.

The judgment records that both parties were content for an order requiring payment of salary and holiday pay for 1 April 2023 to 18 April 2023 inclusive on the basis of no overtime. The reasons do not set out a single quantified award figure, only the obligation to pay those sums.