Mr Adam Adamou, of counsel For the v Respondent — 2020

The claimant, Ms Y Pitarch, worked for Kattz (AH) Limited at Addison House. The case was brought as a section 23 ERA 1996 unlawful deductions claim and concerned four heads of loss: an alleged bonus of £1,920, holiday pay of £599.94, a night shift allowance, and a £105 deduction for a mobile telephone. The tribunal also recorded the contractual background, including the 1 May 2018 email varying the claimant's remuneration and benefits and the later garden leave letter of 28 February 2019.

The bonus claim failed. The tribunal found that the claimant never became registered manager and therefore could only succeed if a separate agreement for a bonus had been made at the 4 December 2018 meeting. Having considered the evidence of both witnesses, the tribunal was not satisfied on the balance of probabilities that the claimant had proved entitlement to a bonus. It noted that, if any bonus had been due, it would have been 6% of £29,000, namely £1,740, rather than £1,920.

The holiday pay claim also failed. Although the March 2019 leave request form had not been signed by Ms Ibitoye, the tribunal found on the balance of probabilities that the claimant had in fact taken 4 days' annual leave in March 2019 and had therefore exhausted her entitlement for the first quarter of 2019. The lack of formal approval on the form was not treated as determinative.

The remaining two heads succeeded. The tribunal held that the claimant was entitled to one night shift allowance of £93.96 because the garden leave letter preserved her contractual and payroll benefits until 31 March 2019. It also held that clause 4.3 of the contract did not authorise a deduction for a mobile phone returned damaged or not returned by the employer's chosen date. The £105 deduction was therefore an unlawful deduction from wages. The total awarded was £198.96.