Mrs C Gunn v Medipro Clinical Services Ltd — 2022

The tribunal found that Mrs C Gunn had been subjected to unauthorised deductions from wages in the final month of her employment. It held that the respondent had not paid her the correct salary or the correct overtime pay, so the complaint under section 23 of the Employment Rights Act 1996, relying on section 13, was well-founded.

The tribunal also found that the respondent subjected the claimant to detriment on the ground that she made protected disclosures, contrary to section 47B of the Employment Rights Act 1996. The written judgment record does not set out the oral reasons in detail, but it records that this whistleblowing complaint succeeded.

For the wages claim, the tribunal ordered payment of the agreed sum of £893.74. That figure was made up of £713.13 for underpaid salary and £180.61 for underpaid overtime. The judgment notes that this amount was calculated by reference to gross pay, and that any income tax or employee national insurance liability was the claimant's responsibility.

For the whistleblowing claim, the tribunal awarded £8,750. The record states that the award was initially calculated at £7,000 and then increased by £1,750 pursuant to section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992.