N McCulloch v Orems Care Services Asonta Hailstones — 2021

The claimant, N McCulloch, was employed by Orems Care Services Asonta Hailstones as a Support Worker from 16 April 2018 until 27 April 2020. The dispute narrowed to whether the respondent unlawfully deducted wages by not paying her for the period from 20 to 27 April 2020. The tribunal recorded that the claimant was willing and able to work during that period, that she had resigned on 20 April 2020 giving one week's notice, and that she was not paid any wages for the period covered by her notice.

The tribunal found that, although it was not fully clear from the evidence whether the claimant would have been entitled to pay in a week when she did not work, the claimant's contract required her to work in order to be paid under ordinary circumstances. However, because she had given notice of termination, section 88(1) of the Employment Rights Act 1996 applied. On the evidence, she was ready and willing to work throughout the week commencing 20 April 2020 and also between 25 and 27 April 2020, so she should have been paid for her normal working hours for that period.

The tribunal accepted the parties' agreed gross figure of £216 for one week's pay and noted that a payslip showed employee National Insurance of £4.02 on that amount. It therefore ordered payment of £211.98 to place the claimant in the position she would have been in had she been paid the correct amount. The judgment records no other monetary remedy.