Mrs Wendy Kerr v Teleperformance limited — 2022

The claimant brought monetary claims concerning alleged unpaid wages and holiday pay across September to December 2021. The tribunal found that she was employed on written terms, was paid monthly, and that her contract permitted the respondent to deduct overpayments or money owed. The tribunal accepted the respondent's evidence about the payroll adjustment period and how absences after the monthly cut-off were corrected in later payslips.

For September and November holiday pay, the tribunal found that the claimant had been paid for the annual leave she took, including 22 and 23 September and 1 to 5 November. It also found that she had been paid for 24 September when she worked, and that the October deductions were accounted for by sickness absence and authorised unpaid absence rather than by non-payment for those dates.

On the wages claims, the tribunal found that the October deduction of about £400.94 reflected recovery of wages already paid for September sickness absence when the claimant was only entitled to SSP, and was authorised by the contract. It found the agreed five days' compassionate leave had been paid. It also found there was no agreement or contractual entitlement to full pay during the claimant's October and November sickness absence, and that the claimant had not proved unpaid wages for December during her phased return. The claims were dismissed.