Mr B Owoh v Resolvecall Limited — 2020

Mr B Owoh worked for Resolvecall Limited as a field agent from 22 July 2019 to 11 September 2019. He took annual leave in late July and early August, then had car trouble at the end of August. The respondent treated him as absent without leave from 3 September 2019, wrote on 5 September saying it would accept his one week's notice if he did not respond, and then wrote on 10 September terminating the contract with effect from that day. The tribunal noted that although he had ticked the unfair dismissal box, that claim was not accepted because he had insufficient qualifying service.

On the wage deduction issues, the tribunal held that the six days' excess holiday pay had been lawfully deducted because clause 9 of the contract allowed recovery of overpaid holiday. It held, however, that the £200 set-up/start-up fee was not recoverable: the contract only permitted that deduction if the claimant terminated his own employment, and silence in response to the 5 September letter was not clear and unambiguous notice of resignation. The respondent had therefore dismissed him, rather than him resigning, and the £200 deduction from final salary was an unauthorised deduction from wages.

On notice pay, the tribunal found that the probationary clause gave one week's notice unless the claimant was dismissed for gross misconduct, which he was not. It therefore awarded gross notice pay of £75.15. The tribunal also found that the claimant had worked for the London Ambulance Centre without authority between 3 and 11 September 2019, but that did not permit the respondent to withhold pay for the absence days because the contract did not authorise deductions in those circumstances; instead, for those days he was not ready, willing and able to work. After offsetting the £546.15 total award against the £271 shown as due to the respondent, the balance payable was £275.15, consisting of £200 net and £75.15 gross.