Matthew Gresty, Georgian Gates and Railings Limited v Ms J Dunn — 2023

The respondent worked in HR and payroll for the claimant's gate company from 20 December 2021 to 10 August 2022. She was dismissed for gross misconduct on 10 August 2022. Her own tribunal claims in case 2406507/2022 had already been struck out after non-attendance. This counterclaim then proceeded without a response from the respondent, and judgment was issued under rule 21 of the Employment Tribunals Rules of Procedure 2013.

The tribunal accepted the claimant's evidence that the respondent had increased her salary from £25,000 to £37,500 without authority, resulting in an overpayment of wages of £4,192.43. It also accepted that she had paid herself an unauthorised bonus of £250. The tribunal further found that, on termination, she had over-taken annual leave: she had taken 24 days, had accrued 9.8 days, and therefore owed £1,365.33 in respect of 14.2 days' leave.

On expenses, the written reasons state that the respondent had not reimbursed breakfast expenses of £59.28 and had used the claimant's credit card without authority to pay for LinkedIn subscriptions costing £161.97. The order records a single award of £221.25 for overpayment of expenses. The judgment therefore awarded the claimant a total of £6,029.01, and the notice appended to the decision stated that interest would accrue from 17 October 2023 at 8% per annum if the sums remained unpaid after 14 days, subject to the usual exclusions for costs or expenses.