Miss Heather Haley v Healthcare 1st Choice Ltd — 2023

Miss Heather Haley was employed by Healthcare 1st Choice Ltd from 18 May 2018 until her resignation took effect on 24 November 2021. The tribunal found that in or around June 2021 her pay was increased to £33,000 per year, and that this increase applied to basic salary only. On the payslips, salary was paid every four weeks in 13 instalments each year, and the respondent underpaid basic salary from June 2021 onwards. The tribunal therefore awarded £1,234.65 for underpaid wages covering the period 1 June 2021 to 24 November 2021.

The tribunal also found that the claimant did not receive statutory sick pay for 13 working days of sickness from 8 November 2021 to 24 November 2021. It accepted her evidence that no payment was made for that final period of sickness despite a payslip later produced by the respondent, and awarded £249.21 gross for unpaid SSP. In relation to holiday pay, the tribunal held that the claim for 32 hours paid on 5 November 2020 was out of time and that there was no adequate basis to extend time. It further rejected the claimant's case that leave could be carried over from 2020 to 2021, finding that the updated terms in or around June 2021 preserved the rule that leave could not be carried forward and that the alleged memo relied upon by the claimant was not proven.

For the 2021 holiday year, the tribunal found that the claimant took no annual leave between 1 April 2021 and 24 November 2021 and had accrued 3.62 weeks of leave. It awarded £2,297.32 gross in lieu of accrued but untaken holiday on termination. The tribunal also found a breach of contract in relation to notice pay, but made no additional monetary award because the relevant sums were already covered by the unlawful deduction awards for wages and SSP. Finally, because the written statement of particulars omitted the start date of employment, the tribunal awarded two weeks' pay under section 38 Employment Act 2002, limited by the statutory cap to £1,088. The separate rent-related breach claim was withdrawn and dismissed on withdrawal.