Mrs A Hines v Ear Doctors Microsuction Clinic UK Limited — 2023

Mrs Hines brought claims for breach of contract/notice pay, unpaid annual leave and unlawful deduction from wages against Ear Doctors Microsuction Clinic UK Limited. The tribunal rejected the respondent's allegation that she had deliberately altered her contract on 25 June 2022, found that the signed contract at p.39 was the operative agreement, and accepted that the contract described annual leave as running in a calendar year with no carry-over of unused holiday.

On the wages claim, the tribunal found that on 18 June 2022 the claimant left work about 1 hour and 20 minutes before closing time without permission. It accepted that the respondent was entitled under the contract to pay only for hours worked, and held that the £9.50 deduction from her pay was justified. That complaint was therefore unsuccessful.

On notice pay, the tribunal found that the claimant had a one-week notice period and that she was not guilty of gross misconduct. It accepted that she was unwell during the final week of notice, that she attended the premises on 27 June 2022, and that a GP fit note covered the rest of that notice period. The tribunal awarded one week's notice pay at £304 gross, less £39.74 SSP already received, resulting in a net award of £264.26.

On holiday pay, the tribunal found that the leave year ran from January to December 2022, not April to March as the respondent contended. It accepted that 51 hours of leave had been taken by 1 July 2022 and that 39 hours remained unpaid, which at £9.50 per hour produced an award of £370.50. The tribunal ordered payment of £634.76 in full and final settlement of the two successful complaints.