Chloe Wanliss v NRSRY Limited — 2023

Chloe Wanliss was employed by NRSRY Limited from 25 April 2022 to 3 September 2022 as a senior practitioner. Her gross monthly salary was £1,916 and her net monthly pay was £1,627. The tribunal recorded that she had not been paid for July and August 2022, and the respondent’s representative accepted that the company owed the debt and had no defence, although it had ceased trading and could not pay.

The tribunal found that the circumstances of termination amounted to a redundancy dismissal within section 139(1)(a)(i) Employment Rights Act 1996. It also found that the claimant had not worked long enough to qualify for a redundancy payment, because she did not have two years’ continuous employment. That point explained the dismissal context, but no redundancy payment was awarded.

On the monetary claims, the tribunal upheld the complaint of unauthorised deductions from wages and awarded £3,832 for two months of unpaid wages, calculated by reference to the claimant’s gross monthly pay. It also found that section 86 Employment Rights Act 1996 entitled her to one week’s notice and awarded £375.46 for breach of contract in respect of notice pay, calculated from her net weekly pay.

The tribunal further found that the claimant had accrued but not taken 6 days of holiday at the date of dismissal and awarded £530.58 holiday pay, calculated as 1.2 weeks of gross weekly pay. The total amount owed was stated as £4,738.04, and the judgment noted that if the respondent could not pay because it had ceased trading and was in financial difficulty, the claimant might seek payment from the National Insurance Fund under section 166(1)(a) Employment Rights Act 1996.