Ms E Jamieson v Ms D Watson t/a Helena Beauty — 2020

The claimant and respondent both appeared in person at a CVP hearing before Employment Judge R Gall on 27 July 2020. The respondent accepted before and at the hearing that £262.72 was due to the claimant for two weeks' notice pay, calculated from a weekly rate of £131.36. The tribunal noted that no contract or written agreement authorising any deduction from that sum had been produced, and that no employer contract claim had been presented.

The only factual dispute raised concerned whether two days, 10 August 2019 and 15 December 2019, had been taken as holiday. That issue mattered because the respondent said it had overpaid holiday and wanted to set any alleged overpayment off against the notice-pay sum. The claimant then said she did not wish to insist on the holiday-pay claim, and the tribunal recorded that the claim for holiday pay accrued but untaken at termination was withdrawn, not dismissed.

The tribunal therefore ordered the respondent to pay the claimant £262.72. It also stated that if the respondent wished to pursue repayment of any alleged overpayment, it would need to do so separately, and that the claimant would remain able to defend any such claim and, if necessary, pursue the holiday-pay sum she had sought in this case.