Ms S Okonkwo v Rating and Valuation Company Ltd FINAL HEARING — 2020

Ms S Okonkwo attended the final hearing by video conference at Manchester on 26 October 2020, but neither party was present or represented, so the tribunal proceeded under rule 47. The tribunal recorded that she was interviewed on 11 February 2020, offered employment immediately, and started work on 12 February 2020. Her statutory statement of employment particulars and payslip showed a salary of £16,000 per annum, hours of 8.45am to 5.00pm Monday to Friday, and a payroll date of the 10th of each month in arrears.

The respondent dismissed the claimant summarily on 28 February 2020 for cumulative misconduct reasons, including attendance and time-keeping, under-performance, attitude, and inability to take management directions. On the notice issue, the tribunal held that both under the contract and the statutory notice provisions of the Employment Rights Act 1996, she was not entitled to notice or pay in lieu of notice during the first month of employment. That complaint was therefore not well-founded.

On wages, the tribunal found that the claimant had worked 13 days, was not entitled to be paid before 10 March 2020, and that the respondent had sent a cheque which was not received before making payment by bank transfer once advised. The tribunal found no breach of contract in that payment process. It also found the claimant had been paid on an hourly basis, with proper deductions of 3.5 hours for lateness or non-attendance and 5 hours for unpaid leave.

The tribunal said the payment of £771.27 gross, or £701.48 net, comfortably exceeded the amount it would have calculated on the material before it. It was therefore unable to find any unlawful deduction from wages or non-payment of wages due, and the claim was dismissed in full. No monetary award was made.