Miss Oliwia Torres v Electrosonic Limited — 2025

Miss Oliwia Torres brought claims concerning notice pay, holiday pay and unlawful deductions from salary. The tribunal noted that she also raised a point about alleged non-payment of PAYE income tax, but explained that it had no jurisdiction to consider that issue. It also recorded that she had referred in a later statement to wrongful/unfair dismissal, but she had not claimed unfair dismissal in her ET1 and in any event had insufficient service to bring such a claim.

The tribunal relied on the dismissal letter of 22 January 2024, which stated that the claimant was dismissed for poor performance on one week's payment in lieu of notice, that one day's pay would be deducted because she had taken three days of holiday against a two-day entitlement, and that two further days' pay would be deducted because she had been off sick for two days and was only entitled to SSP after three days. Her January 2024 payslip showed a PILON payment of £576.92 and deductions of £230.77 and £115.38.

At hearing, the claimant accepted that she had received the PILON payment, accepted that the holiday deduction was due, and accepted that she owed the sickness deduction. Her position was that she was uncertain about the calculations, but she produced no alternative calculations or other evidence showing that further sums were due. The tribunal held that the burden was on the claimant to satisfy it as to any sums due to her, found that she had offered no such evidence, and dismissed the claims.