Ms R Lingyte v Aperta Bars Limited — 2019

Ms R Lingyte was employed by Aperta Bars Limited as General Manager of the Old House Pub & Kitchen in Northampton for 12 days in January 2019, ending on 25 January 2019 when she resigned without notice. After early conciliation, she presented a claim for 12 days' unpaid pay. She also advanced an unfair dismissal complaint, which the tribunal rejected because she did not have sufficient continuous service.

On the wage claim, the tribunal accepted the claimant's evidence that she had worked the 12 days and that the gross pay due for that period was £1,230. The claimant had said the unpaid amount was £1,052 net, but the tribunal found the gross sum due to be £1,230.

The respondent's written position changed from a denial that the claimant had worked for the company to an acceptance that she had been employed, together with assertions that she was unreliable and had resigned in breach of contract. Mr Kooner also sought to recover alleged replacement costs of £2,040, stock losses of £325.43 and a cash shortage of £95.77. The tribunal rejected that counterclaim for lack of jurisdiction, noting that the claim before it was not a breach of contract complaint and, in any event, the counterclaim had not been brought within the time limit under the Employment Tribunals (Extension of Jurisdiction) Order 1994. The tribunal therefore upheld the unauthorised deduction claim and ordered payment of £1,230 gross.