Ms A Yewdall v Rest Assured Limited — 2021

Following the postponement of the hearing on 31 March 2021, the tribunal issued judgment on two matters that were ready for determination. It accepted that the respondent did not dispute the claimant's entitlement to £764.73 as wages properly due but unpaid, and ordered that sum to be paid as an unlawful deduction from wages. The tribunal stated that the sum was net and should be paid without deduction of tax or national insurance, in line with the payslip of 31 October 2020.

The tribunal also dealt with the claimant's one week's notice pay claim. The respondent's argument that she was not entitled to notice pay because she had not completed probation was found to have no reasonable prospects of success and was struck out under rule 37(1). The tribunal therefore held that the claim succeeded. Having seen a signed employment contract dated 27 July 2020 showing an annual salary of £16,000, the tribunal rejected the claimant's figure of £316.44 based on a 36-hour week and instead assessed one week's pay at £307.69 by dividing the annual salary by 52.

The remaining claims were not determined in this judgment and were listed to be heard on 23 June 2021. The reasons note that those remaining issues related to holiday pay and bonus, with further disclosure and witness statements to be prepared. The judgment also contained the standard interest notice recording the relevant judgment day as 13 May 2021 and the stipulated rate of interest as 8%, but no separate interest sum was awarded in this decision.