Sandra Luff v The Independent Windscreen Academy Ltd — 2023

Sandra Luff brought claims for unlawful deduction from wages, breach of contract, discrimination under the Part-time Worker (Prevention of Less Favourable Treatment) Regulations 2000, wrongful dismissal and unfair dismissal. The respondent did not attend. The tribunal found that wages due at the end of July and August 2022 had not been paid, and that pension contributions due for July and August 2022 had not been paid.

The tribunal upheld the Part-time Worker Regulations claim under Regulation 5, finding that the claimant had been treated less favourably because she was not paid in July and August 2022 and because she was constructively dismissed. No separate award of compensation was made on that claim.

The wrongful dismissal claim also succeeded. The tribunal found that the claimant resigned on 1 September 2022 in response to a fundamental breach of contract, identified as the failure to pay her wages in July and August 2022. The unfair dismissal claim succeeded under ss95, 98 and 111 of the Employment Rights Act 1996, and the tribunal awarded a basic award of £1,740 and a compensatory award of £2,186.72, including loss of earnings, pension loss and loss of statutory rights.

The tribunal recorded that the Employment Protection (Recoupment of Benefits) Regulations 1996 did not apply because the claimant had not received any relevant benefits in the prescribed period. The total sum ordered to be paid in respect of all successful claims was £6,822.76 net.