Mrs C Bailey v Reuse & Employment Limited — 2020

Mrs C Bailey presented a claim on 31 January 2020 for arrears of pay and holiday pay, saying that on 15 December 2019 she was not paid the full salary due, that she was not paid for work done later in December 2019, and that she was not paid after submitting a sick certificate on 10 January 2020. She had also raised a grievance on 20 January 2020 and received no reply. The respondent did not present a response, did not attend the remote hearing, and the tribunal was satisfied that the claim and hearing notices had been properly served.

The tribunal granted leave to amend the claim to include notice pay. It accepted the claimant's explanation that, as a litigant in person, she had not appreciated that she could bring such a claim without an express dismissal. The tribunal found that her employment had terminated even though there was no express dismissal letter, because non-payment of wages and the lack of any response to her grievance were repudiatory breaches of contract. Applying Selkent Bus Company Ltd v Moore and Cocking v Sandhurst Stationers Limited, the tribunal held that the balance of justice favoured allowing the amendment, including because the claim arose from the respondent's own conduct and the claimant had shown why it had not been reasonably practicable to include it earlier.

In the absence of any defence, the tribunal accepted the claimant's figures as due and owing and made an award of £1,421.20. That sum comprised £278 for the underpayment up to 15 December 2019, £142.90 for hours worked on 16, 17 and 19 December 2019, £428.70 for 8 days' accrued but untaken holiday, and £571.60 for four weeks' notice pay.