Miss E Cunningham v Twiggled Ltd — 2019

The claimant gave evidence on oath. The respondent did not file a response form and did not attend the hearing, despite notice of the claim having been sent to its registered office. On the evidence heard, the tribunal found that Miss E Cunningham had a right to a redundancy payment under Part XI of the Employment Rights Act 1996 and ordered Twiggled Ltd to pay £693.00.

The tribunal also upheld the claimant's breach of contract complaint relating to salary between March 2015 and May 2019 and ordered payment of £19,028.83 as the net sum due under the contract of employment. The unlawful deductions from pay complaint was found to be well-founded, but no separate order was made because the same sums were covered by the breach of contract award.

The remaining complaints were dismissed. The notice pay breach of contract complaint failed because the tribunal found that the claimant worked her notice period. The complaint concerning failure to forward employer and employee pension contributions to the pension scheme was dismissed because the tribunal held that it had no jurisdiction over such matters. The total amount payable under the judgment was £19,721.83.