Ms Katy Lever, FRP Advisory For the v Lee Moran — 2021

The claimant worked for the respondent from 19 November 2018 to 21 June 2019. She was paid monthly and, on the tribunal's findings, was due a salary of £1,343.16 per month rising to £1,401.40 from 1 April 2019 after the National Minimum Wage increase. The tribunal also recorded weekly and daily rates of £323.40 and £46.07 respectively.

On the wages claim, the tribunal accepted that there had been an unauthorised deduction from wages. It accepted the claimant's calculation of underpayments for November 2018 to March 2019 and April 2019 onwards, then deducted a single post-dismissal payment of £300. The resulting outstanding balance was found to be £1,525.84, which the tribunal ordered the respondent to pay gross.

The tribunal also found that the respondent had failed to provide a written statement of employment particulars contrary to s.1 ERA 1996. It awarded the claimant £646.80 on that claim.

Finally, the tribunal held that the claimant was dismissed in breach of contract because there was no written contract and she was entitled to reasonable notice. Applying s.86(1)(a) ERA 1996, the tribunal found she was entitled to one week's notice because she had been employed for more than one month but less than two years, and awarded £323.40 in damages.