Claimant v Mrs Kellie-Jay Keen

The tribunal found the respondent made an unauthorised deduction from the claimant's pay for the period 25 March to 07 April 2024 (two weeks' wages). The deduction was not authorised by statute, contract, or written agreement. The claimant was entitled to wages calculated on her annual salary of £28,000.

The tribunal found the claimant was dismissed without notice and without payment in lieu of notice. Given the lack of formal contract and the claimant's short service (over one month but under two years), she was entitled to statutory minimum notice of one week under s86 ERA 1996, which was not given or paid.

The tribunal found the claimant had accrued 3.5 days of holiday during her six weeks and one day of employment, none of which had been taken. The respondent failed to pay for this accrued but untaken holiday on termination, in breach of Regulation 16(1) of the Working Time Regulations 1998.

The tribunal found the respondent failed to provide the claimant with a written statement of employment particulars as required by s1 ERA 1996. The respondent's text messages did not satisfy the statutory requirements. As the claimant succeeded on other complaints, a two-week penalty award was appropriate under s38 Employment Act 2002.