Ms A Bussy v AA Healthways Limited — 2025

The tribunal preferred the claimant's account of the start and end of employment. It found that employment began on 15 August 2023, not 1 September 2023, because August 2023 messages showed the claimant already doing work for the respondent. It also found that, on 7 February 2024, the claimant was told she would not be paid after the end of February because the respondent could not afford it, and that she remained employed until 29 February 2024. The P45 date and the history of late wage payments were treated as more consistent with that account than with the respondent's case that employment ended on 30 January 2024.

On that basis, the tribunal held that the claimant was employed during February 2024 but was not paid for that month. It found an unauthorised deduction from wages under section 13 of the Employment Rights Act 1996 and ordered payment of the gross sum of £3,083. The tribunal also found that the claimant was entitled to 4 weeks' notice and that the respondent breached contract by ending employment without the full notice period, but no damages were awarded because the claimant said she did not seek notice damages if her wages and holiday claims succeeded.

The tribunal further found that the September 2023 payment covered work done in August and September, so the 10 working days holiday taken in September was not paid leave. It found that the claimant had only taken paid leave on Christmas Day, Boxing Day and New Year's Day. Applying the contract's holiday accrual calculation, and using weekly pay of £711.54 and a daily equivalent of £142.31, the tribunal found 12 days of accrued but untaken holiday remained due and awarded £1,707.72 gross for that holiday pay element.