Ms Caroline Snee v International 365 Coaching Ltd — 2020

Ms Caroline Snee was employed by International 365 Coaching Ltd for just under seven years and resigned on 30 September 2019 after the respondent ran into financial difficulties and failed to pay wages. The tribunal recorded that the claimant was owed 14 weeks' wages, had accrued 14.25 days of untaken holiday since 1 January 2019, and that the respondent had also failed to pay workplace pension contributions deducted from her pay and employer contributions it had agreed to pay.

The judgment was issued under rule 21 because no response had been presented. The tribunal listed the matter with other linked claims, considered the identification of the correct respondent, and noted that Mr Maurice Duffy appeared for the respondent and confirmed that none of the sums claimed was in dispute. The judge was satisfied that there was sufficient material to determine the claims.

The tribunal held that the claim for unlawful deduction of wages was well-founded and awarded £8,615.32 gross for arrears of pay. It also held that the claim for accrued and unpaid holiday pay was well-founded and awarded £1,753.84 gross. The breach of contract claim was also well-founded and resulted in damages of £2,058.50 for unpaid employee and employer pension contributions.

The reasons also state that the claimant was entitled to terminate her contract immediately because of the failure to pay wages and refer to her 4 weeks' contractual notice entitlement and mitigation earnings. The operative judgment, however, records only the three awards above and a total payment by the respondent of £12,427.66.