Andrew Udy v Opulent Catering Limited — 2021

Andrew Udy worked for Opulent Catering Limited from about 7 August 2019 as an office administrator on an annual salary of £16,500 and a 37.5-hour week. The tribunal found that he was absent for two days in September 2019 because of illness and that on or about 30 September 2019 he was dismissed with immediate effect by Mr Valante, with lateness given as the reason at the time. The hearing proceeded in the respondent's absence after attempts to contact it failed and Companies House records suggested strike-off proceedings had been underway.

On the wages claim, the tribunal accepted that two days' pay should be deducted for illness at a daily rate based on 1/365 of salary, and that the claimant had agreed that payment was net rather than gross and that a £100 cash advance could be deducted. It rejected the respondent's method of reducing pay by reference to its own calculation of hours worked in the month, because the unsigned contract did not authorise that approach and the respondent had not shown that its September hours calculation was accurate. On that basis, the gross pay due was found to be £1,284.59, with deductions for tax and NIC leading to net pay due of £1,123.12, leaving £190.12 outstanding after the £933 already paid.

The second part of the claim was treated as a contractual damages claim for one week's notice pay. The tribunal accepted the claimant's revised weekly gross pay figure of £317.31 and applied the same tax and NIC rates to reach net damages of £302.16. Both parts of the claim therefore succeeded, but in lower amounts than originally sought. The judgment ordered payment of £190.12 for the wages deduction and £302.16 for breach of contract, making a total award of £492.28.