Miss J Howlett v Unicus Agency Limited — 2019

Miss J Howlett worked for Unicus Agency Limited from 11 March 2019 to 2 April 2019 as a digital marketing manager. The tribunal accepted that her annual salary had been agreed at £38,000 and that she was due payment on 29 March 2019, but that her wages remained unpaid when she left employment. It also accepted that the respondent ended her employment after losing a significant client, and that one week’s notice was due during the probationary period.

The tribunal found the complaint under section 13 of the Employment Rights Act 1996 well-founded. It accepted that the respondent did not dispute owing the unpaid wages, which totalled £1,595.76. The tribunal also accepted that the claimant had suffered financial loss caused by the late payment, including mortgage charges and council tax penalties, supported by documents and by the respondent’s emails referring to cash flow difficulties, a payroll mix-up, and contract-date issues.

The breach of contract claim was dismissed because the loss of pay for the notice period was included within the unpaid wage claim, so there was no separate contractual loss to award. The tribunal therefore made a declaration under section 23 of the 1996 Act, ordered payment of the unpaid wages, and awarded a further £405 for financial loss, making a total order of £2,000.76.