Miss C Marsay v The Medika Clinic Limited — 2023

Miss C Marsay worked for The Medika Clinic Limited as Clinic Manager from 10 October 2022, moving to full-time work from 28 October 2022. The tribunal preferred the claimant's evidence to that of Dr Amjed on the key disputed issues. It found that the respondent did not provide her with a written contract of employment or any written statement of terms and conditions, and it rejected the respondent's case that terms about recovery of training fees or deduction of uniform costs had been agreed orally or in writing.

The tribunal found that £200 had been deducted from the claimant's wages for uniform costs without her knowledge or agreement, and that the deduction was not authorised by statute or by any contractual term. It also accepted the claimant's evidence that she was off sick with Covid for the week of 21 to 27 December 2022 and had self-certified that absence. The respondent accepted the later sick pay period from 28 December 2022 to 29 January 2023, and the tribunal awarded £109.40 for the first week and £437.60 for the later period, making £547 in total for sick pay.

Holiday pay for six days was agreed at £750 gross. The tribunal also held that the claimant's notice period was one week under section 86 ERA 1996 and awarded £625 for unpaid notice pay. The claimant's separate request for compensation for stress and anxiety was withdrawn after the tribunal explained that such a remedy was not available within the unlawful deduction claim that was being advanced.

The respondent's counterclaim for repayment of £2,670 training costs was dismissed. The tribunal found there was no agreement for the claimant to repay training fees and no written contract containing such a term. It also made an award of £1,250 under section 38 Employment Act 2002 because the respondent had failed to provide written particulars of employment. The final monetary awards therefore totalled £3,372, exclusive of any interest notice that accompanied the judgment.