Ms Ayesha Dotting v Natureza Dental Practice Ltd (sued as Dr Zankruti Patel) — 2023

Employment Judge R S Drake heard evidence by video link on 14 November 2023 from Ms Ayesha Dotting and from the respondent company’s principal shareholder and director, Dr Patel. The Tribunal noted that both parties produced only some of the documentary evidence available, so the decision was based on the material before it.

The Tribunal upheld the claimant’s holiday pay claim. It found that there was no, or insufficient, evidence from the respondent to displace the claimant’s case, and held that she was entitled to holiday pay under Regulation 15 of the Working Time Regulations 1998 for 8.5 days taken and accrued but unpaid. The amount awarded for that claim was £986, calculated at £14.50 per hour.

The Tribunal also upheld the claim for arrears of pay unlawfully withheld for October and November 2022 contrary to section 13 of the Employment Rights Act 1996. It accepted the claimant’s evidence on arrears of pay as at termination and recorded a gross sum of £899.94. It did not accept Dr Patel’s attempt to rely on evidence said to have been given during Early Conciliation, because that material was not available in the hearing and was said to form part of without prejudice discussions.

After allowing for an agreed deduction of £776 for equipment damage, the Tribunal entered judgment for £123.94 on the wages claim. The combined award was therefore £1,109.94.