Mr K Milne v Shoppar Ltd (in liquidation) — 2022

Mr K Milne worked for Shoppar Ltd as Head of Data from 1 April 2020 on an annual salary of £85,000. The tribunal accepted that early conciliation was started against Shoppar Ltd on 19 October 2021 and, applying Selkent Bus Company Ltd v Moore [1996] ICR 836, allowed the respondent name to be substituted from Peter Ville Ward to Shoppar Ltd. It also held that the claims were in time, applying s.23 ERA 1996 and s.207B ERA 1996 to the unlawful deduction claim.

On the facts, the tribunal rejected the respondent's case that employment ended on 30 June 2021. It found an ongoing employment relationship after that date, relying on the payment history and WhatsApp messages about continuing work and funding discussions. The tribunal found that the claimant continued to work through July, August, September and into October 2021, and that the effective date of termination was 14 October 2021 when he last contacted the respondent after non-payment of wages. It held that there was no contractual, statutory, or written authority for the deductions, and that the claimant had not agreed to non-payment of his salary, only to receive 50% of July salary with the balance to follow.

The claim for unauthorised deductions of wages was upheld in the sum of £24,519.21 gross, made up of July, August and September salary plus salary from 1 to 14 October 2021. Holiday pay was also upheld in the sum of £1,634.60 gross, after the tribunal found that 5 days of accrued but untaken holiday remained outstanding and that the claimant had agreed to take 10 days of holiday in July 2021. The notice pay claim was not upheld because the claimant resigned with immediate effect and the tribunal found no outstanding contractual notice payment. The redundancy pay claim was withdrawn at the start of the hearing and dismissed upon withdrawal, giving a total gross award of £26,153.81.