Mrs J Orlaite Vykhrystiuk v Evri — 2024

Employment Judge Aspinall, sitting alone at Liverpool on 6 September 2024, considered three complaints brought by the claimant in person against Evri Limited. The complaint of failure to pay outstanding holiday pay on termination failed: the claimant could not establish entitlement beyond the 3.9 days already credited in her final payslip. The claim for notice pay also failed, the claimant having accepted that she had been on unauthorised absence from 29 February 2024, had attempted to resign on 1 March 2024, and had been dismissed in her absence for gross misconduct following a disciplinary hearing on 20 March 2024.

The unauthorised deduction from wages claim was advanced in two parts. The first part, an alleged historic underpayment calculated by the claimant at an hourly rate of GBP 11.81, failed: the claimant accepted that the hours and rates shown on her last four months of payslips were correct, and the tribunal found that any earlier series of underpayments would in any event have been broken by those four months and become time-barred. The second part succeeded: the tribunal found as a fact that a deduction made under clause 16.1 of the contract for unauthorised absence in March 2024 had been applied twice in error.

The respondent was ordered to pay the claimant GBP 755.84 gross as compensation for the unauthorised deduction, calculated in accordance with the employment tribunal remedies handbook. The tribunal noted that the respondent had already arranged a net payment of GBP 577 and would need to top up to the full gross amount ordered.