In Person For the v Respondent — 2019

The respondent did not attend. An email from a former HR manager said VG Medispa had gone into liquidation on 22 August 2019, but a Companies House search showed the company remained active, so the tribunal proceeded. The tribunal heard from the claimant and considered payslips, emails, the claim and response, and the earlier case-management order.

The unfair dismissal complaint was dismissed upon withdrawal because the claimant did not have two years' continuous service. The tribunal also rejected the notice pay claim. It found that the notice pay issue overlapped with the unpaid wages claim, that the claimant resigned on 15 June 2018, that her employment was due to end on 14 July 2018, and that the material before it did not establish any further sum due for the notice period.

On wages and holiday pay, the tribunal accepted that there had been late payment rather than continuing unpaid arrears: £550 was paid in mid-July 2018 for June 2018, and £1,166.10 was paid on 1 November 2018, including the outstanding holiday pay for 22 hours. It declared unlawful deductions from wages and accrued holiday pay outstanding at termination, but because the final sums had been paid before the hearing it ordered no further sum for the principal arrears.

The tribunal upheld the commission claim for £19.75. It rejected the respondent's interpretation of the contract clause said to permit deductions during the notice period and found that the commission had not, in fact, been paid. It also awarded £120 under section 24(2) of the Employment Rights Act 1996 for bank charges incurred between July and October 2018 because of late salary payment.