Mrs Marie -Claire Wilson v Staffordshire Leisure Group Ltd — 2022

The respondent's late response was admitted, but the respondent did not appear at the hearing. The tribunal proceeded in its absence after being satisfied that the respondent had been properly notified. The claimant, Mrs Marie-Claire Wilson, had started work on 12 October 2020 as general manager of the Davenport Arms under a written contract that allowed four weeks' notice by the employer and eight weeks' notice by the employee. During Covid-related restrictions, she signed an additional agreement dealing with holiday entitlement and repayment of national insurance contributions if she left within 90 days.

The claimant gave notice on 20 June 2021. She said deductions were then made from her wages, including £179.80 in the first payment after notice and further deductions bringing the total to £1,078.81, said to relate to national insurance contributions paid by the respondent. She also said she had not been paid for the first two weeks of her employment, amounting to £1,153 gross, and that she remained owed £1,107.69 gross for 9.6 days of accrued holiday pay. The tribunal found her to be a credible witness and accepted her calculations.

The tribunal found that the respondent's response lacked detail and did not explain the basis for withholding the sums. It concluded that the respondent was in breach of contract in failing to pay the two weeks' wages and accrued holiday pay, and in making deductions for national insurance contributions. Judgment was therefore entered for the claimant in the total sum of £2,620.29, and the respondent's claim against the claimant was dismissed.