Miss R. Grant v Jack Bell (trading as “The Cock Pub and Kitchen”) — 2020

Miss R. Grant was employed by Jack Bell, trading as The Cock Pub and Kitchen, as manager from 4 November 2019 until her resignation on 17 December 2019. The hearing was conducted by telephone. The Respondent did not file an ET3, did not attend the hearing, and sent no documents or correspondence to the Tribunal. The Tribunal accepted the Claimant's evidence as honest and reliable.

On wages, the Tribunal found that after the first month the Claimant should have been paid a gross salary of £2,500 but was paid £2,000 on or about 5 December 2019, creating an unlawful deduction of £500 gross. It also found that the Respondent failed to pay her for the 12 days worked between 5 and 17 December 2019; on the agreed salary basis, that deduction was assessed at £986.30 gross. The unlawful deduction from wages claim therefore succeeded for £1,486.30 gross in total.

On the notice-pay claim, the Tribunal found a breach of the express term as to payment of salary and, alternatively, a breach of the implied term of mutual trust and confidence. It held that the Claimant was entitled to resign and that, for the purpose of notice pay, she had been constructively dismissed. The parties had agreed a two-week notice period during probation, and the Tribunal awarded £977.07 for notice pay.

The Tribunal also found a breach of section 1(1) Employment Rights Act 1996 because the Respondent did not give the Claimant a written statement of terms. The WhatsApp photograph of terms was held not to satisfy the statutory duty because it did not state the employer's name, the start date, or the place of work. Applying section 38 Employment Act 2002, the Tribunal considered it just and equitable to award the higher amount of four weeks' pay, but capped the award at the statutory maximum weekly pay then in force, so the section 38 award was £2,100. The total award was £4,563.37.