Ms R Begum v Lollyday Childcare and Education Services Limited — 2023

Ms R Begum worked for Lollyday Childcare and Education Services Limited from 19 May 2019 to 31 August 2022 as deputy manager. The tribunal found that an underpayment in September 2021 was later corrected in October 2021, while the claimant remained in employment, so that issue was waived and did not amount to a breach capable of undermining trust and confidence.

After the claimant's father died on 21 January 2022, the staff handbook entitled her to up to one week's paid bereavement leave. The tribunal found she should have been paid for five full days but was paid for four, giving rise to a one-day shortfall of £80. The tribunal rejected the claim for 29 April 2022 because the documents showed she worked five hours, not six. It also rejected the June 2022 break-time claim because Ms Hussain told the claimant to take her break in the office, away from the children and not undertaking work, and the claimant chose not to do so.

For the week commencing 4 July 2022, the tribunal found the claimant was contractually due 32 hours but was paid for 26 hours after an agreed arrangement that she need not work on 7 July 2022. That created a further shortfall of £60. The tribunal held that these payment issues were not, either individually or together, calculated or likely to seriously damage trust and confidence, and the £60 shortfall was too insignificant to amount to a fundamental breach. The claimant had also continued in employment after the January shortfall and then resigned on 1 August 2022 giving four weeks' notice, so she had not been constructively dismissed.

The wages claim therefore succeeded only in part, with a total award of £140. No separate award was made for the dismissal claim.