Claimant v Metagravity Group Limited

The tribunal found the respondent breached the claimant's employment contract by failing to pay his salary for 1 to 26 April 2024. The respondent failed to prove the claimant fundamentally breached his contract by underperforming, and did not suspend or otherwise accept any repudiatory breach. The contract provided for monthly salary without express provisions allowing reduction for underperformance.

The respondent breached the contract by failing to pay the claimant in lieu of six days' accrued but untaken holiday on termination. The respondent failed to prove the claimant had taken this holiday during his notice period. The contract expressly provided for payment in lieu of untaken holiday at 1/260th of salary per day.

The claim for unreimbursed expenses failed because the claimant did not discharge the burden of proving the expenses met the conditions in his contract and the Staff Handbook (reasonable, properly incurred, exclusively for work, submitted on appropriate forms within 28 days, supported by receipts, and where relevant, pre-authorised). The respondent's HR manager gave evidence that expenses were not authorised on the Xero system.

This claim was advanced in the alternative to the breach of contract claim concerning unpaid salary. As the breach of contract claim succeeded, the tribunal did not need to consider the territorial scope of the Employment Rights Act 1996 or determine this claim.

This claim under Regulation 14 of the Working Time Regulations 1998 was advanced in the alternative to the breach of contract claim for unpaid holiday. As the breach of contract claim succeeded, the tribunal did not need to consider the territorial scope of the WTR or determine this claim.