Ms E Newbold v Happies Books Ltd — 2021

Ms E Newbold was employed by Happies Books Ltd from 13 January 2020 as an illustrator following an internship. Her contract provided for pay of £360 per week gross, or £9 per hour for 40 hours, paid at the end of each month. The tribunal found that she was paid only sporadically, that she was never given a payslip, and that after 1 April 2020 she was paid very little at all. The respondent suggested that she continue working without pay with the possibility of furlough later, but she was not prepared to do so.

The respondent did not submit a response and did not attend the hearing. The tribunal found that although the employment was never formally terminated, it was effectively terminated by the respondent on or about 18 May 2020 when, after an unsuccessful meeting, the respondent removed the claimant's online access to its accounts. The claimant said that after that date she had no expectation of doing any more work for the respondent, and by that point she had calculated that £2,660 remained owing in unpaid wages.

On that basis, the claim for unlawful deduction of wages succeeded in the sum of £2,660 under section 13 of the Employment Rights Act 1996. The claim for annual leave compensation succeeded in the sum of £198 under regulation 14 of the Working Time Regulations 1998, and the claim for one week's notice pay succeeded in the sum of £360 under section 86(1) ERA 1996. The tribunal recorded a total gross sum owing of £3,218 and stated that the claimant would be responsible for any tax due on that amount.

The tribunal also made a declaration under section 12(3) ERA 1996 that the respondent failed to provide the claimant with an itemised payslip, or any payslip, between 13 January 2020 and 18 May 2020.