Ms M Strutt v Watership Downs Nursery CIC Heard East London Hearing Centre (By CVP) on 17 July 2023 — 2023

The tribunal heard evidence on oath from Ms M Strutt and Ms Kennedy and was referred to documentary folders from each side. There was a dispute about the number of hours the claimant had worked in the year up to her resignation. The tribunal preferred the claimant's evidence, which it said appeared to be based on detailed records that Ms Kennedy had not engaged with, despite receiving them on 31/5/23. The tribunal also noted an admitted history of some minor underpayments and that the claimant's complaint about underpayment had been made during employment, not only afterwards.

On the notice pay claim, the tribunal disallowed one week for 31/10 and 1/11/22 because the claimant did not work those days and had not provided a sick note to cover the absence. It allowed the remaining notice pay claimed, namely £114 for 24 and 25/10/22, because the claimant was on paid holiday that week but her contractual entitlement to normal pay was not extinguished by holiday pay; the tribunal described the entitlement as cumulative and not alternative.

Having accepted the claimant's figures on the disputed hours, the tribunal found that £59.49 holiday pay and £57 unpaid salary were due. The total sum awarded was £230.49, ordered to be paid by 31/7/23.