Claimant v Richard Language College

The Respondent failed to pay the Claimant her salary for March, April, May, and June 2024. There was no written agreement authorising the withholding of wages and no prior written consent. The tribunal found this constituted a series of unauthorised deductions from wages under s.13 ERA 1996.

The Claimant's contract entitled her to 12 weeks' notice. She was dismissed with immediate effect on 27 June 2024 and was not given any notice or paid in lieu of notice, constituting a breach of contract.

The Respondent breached the Claimant's contract by failing to pay her for 21 days of holiday accrued but not taken in 2024 when her employment ended. She was contractually entitled to be paid in lieu of accrued but untaken holiday on termination.

The tribunal was satisfied the dismissal was by reason of redundancy. The dismissal email referred to the company being struck off from Companies House, and the Claimant was aware of the Respondent's financial difficulties. Under s.163(2) ERA there is a presumption of redundancy which was not rebutted.

The Claimant was unfairly dismissed under s.94 ERA. No process was followed in respect of her dismissal, and the Respondent provided no evidence that the decision to dismiss was substantively fair. The Respondent did not attend to defend the claim.