Mrs Bogumila Kowalewska v First Recruitment Ltd — 2022

Mrs Bogumila Kowalewska worked for First Recruitment Limited as a Team Leader from 25 March 2019 to 8 June 2021 and was paid £11 per hour. She was suspended on full pay on 28 May 2021 following an allegation of gross misconduct, attended a disciplinary hearing on 8 June 2021, and resigned that day. The tribunal dealt with claims for unpaid wages on 31 May 2021 and 8 June 2021, and for 5.5 days of accrued but untaken holiday pay.

For the wages due on 31 May 2021, the respondent said it had later paid the claimant's net wages of £1,195.26 on 14 September 2021. The tribunal accepted that payment had been made, so no further sum was ordered for that part of the claim, although it still recorded that an unauthorised deduction had occurred because the wages were not paid in full and on time.

On the remaining wage dispute, the tribunal found that the claimant was suspended on full pay and was entitled to be paid during that period. It found there was no contractual or written provision allowing the respondent to withhold wages in the circumstances. The tribunal accepted the claimant's evidence that her electronic devices had been seized and that she had not been able to access her emails, and it did not accept that her failure to attend the first disciplinary meeting meant she was absent without leave so as to justify non-payment. It referred to section 13(1) of the Employment Rights Act 1996, section 27 ERA 1996, Kent County Council v Knowles, and Abbiw v Vue Entertainment Ltd.

The tribunal ordered £440 gross for unpaid wages due on 8 June 2021, made up of £176 for 2 and 3 June 2021 and £264 for wages during suspension from 3 to 8 June 2021, and £484 gross for accrued but untaken holiday pay. It said it had no jurisdiction to award interest on unpaid wages, and the claimant confirmed at the hearing that she was not pursuing an ACAS uplift.