No appearance For the v Mr C Williams (Director) — 2023

Miss Brady did not attend the hearing. Employment Judge Burns read her updated witness statement and schedule of loss, then heard evidence from Mr C Williams and read Mr M Coombe's witness statement. The tribunal also considered the claimant's final payslip and an email of 29/11/2021 from Mr D Williams setting out the respondent's calculations.

The tribunal found that the claimant had been paid her full salary until her last day of employment, which was greater than her entitlement and included 45 days' statutory sick pay. It found that she had no contractual right to full pay while not working because of sickness, but in fact had been paid in full throughout. The tribunal also found that the mileage expense claims were unsupported: although mileage could be claimed when travel exceeded 50 miles to a different airfield, reimbursement required proper quantification and timely claiming, and the claimant had not shown that this was done.

In relation to holiday pay, the tribunal found that the claimant had accrued 4.53 weeks' holiday, had taken 13 days, and was due 18.7 days' pay in lieu of untaken holiday, calculated by the respondent at £1,779.87. The same email recorded sick pay of £220.23 for October to the date of leaving and an overpayment of salary against sick pay of £3,695.85. The tribunal accepted the respondent's figures and its equitable set-off argument, including the final payslip showing a net £1,455 due from the claimant to the respondent, which the respondent later wrote off. It concluded that the claimant was not owed any sum, and the claims were dismissed.