Ms B Majendie v Bark & Birch Ltd (In Compulsory Liquidation) — 2022

The respondent failed to present a valid response on time, so the Employment Judge proceeded under rule 21 of the Employment Tribunals Rules of Procedure 2013. The tribunal found that the respondent had made an unauthorised deduction from the claimant’s wages for March and April 2022 and ordered payment of £4,326.90 gross, calculated as £721.15 for six weeks.

The tribunal also found that the claimant was dismissed in breach of contract in respect of notice, but no damages were awarded because the claimant had fully mitigated her loss. In addition, the respondent failed to pay holiday entitlement and was ordered to pay £2,451.91 for 17 days of accrued annual leave on termination.

Further breach of contract awards were made for unreimbursed expenses incurred in March and April 2022, in the sum of £591.60, and for pension contributions deducted from pay but not applied to the claimant’s pension, in the sum of £2,500.80. The judgment included a notice that interest would be payable under the Employment Tribunals (Interest) Order 1990 if sums were not paid within 14 days; the stated calculation day was 20 December 2022 and the stipulated rate was 8% per annum.