Miss Medya Mahmoud v Dr Christopher JBDR Ireland — 2023

Miss Medya Mahmoud presented an unlawful deduction from wages claim against Dr Christopher JBDR Ireland t/a Jute, Jam and Journalism Group. No ET3 was lodged and the respondent did not attend or represent itself at the hearing. The claimant gave evidence on oath and produced her contract of employment. The tribunal accepted her evidence and found the essential facts proved on that basis.

The tribunal found that the claimant had been offered an Admin Assistant role at an annual salary of £25,500, with the contract later amended to start on 22 October 2022. She worked from home for 24 hours per week and carried out admin work until the end of 2022. She was told at different points that payment would be delayed, first to the end of the following month and then to the end of December, but she received no wages at all for the period worked.

At the beginning of January 2023 the claimant discovered that the Office 365 account she had been using had been disabled and she was no longer able to carry out work. The tribunal found, on the balance of probabilities, that the respondent had died on 1 January 2023. It noted that section 207 of the Employment Rights Act 1996 would impose liability on any personal representatives who might be appointed, and said that this gave no reason not to make an award against the respondent.

The tribunal held that the claimant was due wages for October, November and December 2022. It concluded that her contract had come to an end through frustration on or about 1 January 2023 when the Office 365 account was disabled. Using the contractual salary of £25,500 and a 70-day period of employment, the tribunal calculated a gross award of £4,890.41. It said the sum should be paid gross, but noted that if payment were made the respondent could deduct PAYE tax and National Insurance only if the stated conditions were met.