Claimant v AA Healthways Limited
Outcome
Individual claims
The tribunal found that the claimant was employed until the end of February 2024 and was not paid any wages for that month. The respondent made an unauthorised deduction from wages by failing to pay the claimant £3083 gross for February 2024.
The tribunal found the claimant was employed 15 August 2023 to 29 February 2024, entitling her to 15 days' pro rata leave. She had taken only 3 days paid leave (bank holidays) and was owed 12 days. The respondent made an unauthorised deduction from wages by failing to pay £1707.72 for accrued but untaken holiday on termination.
The tribunal found the respondent was in breach of contract by dismissing the claimant without giving the 4 weeks' notice to which she was entitled. However, the claimant stated she was not seeking damages for the notice period if her wages and holiday pay claims succeeded, so no award of damages was made.
Facts
The claimant worked for the respondent healthcare company from 15 August 2023 to 29 February 2024 on a salary of £37,000. In February 2024, the director told her the company could not afford to pay her anymore and asked her to work self-employed from March. The claimant was not paid wages for February 2024 or holiday pay on termination. The respondent disputed the employment dates, claiming she started 1 September 2023 and finished 30 January 2024.
Decision
The tribunal preferred the claimant's evidence, finding she was employed from 15 August 2023 to 29 February 2024 based on contemporaneous messages showing she was doing work before 1 September and the P45 leaving date of 6 February being more consistent with notice given on 7 February. The tribunal awarded £3083 for unpaid February wages and £1707.72 for accrued untaken holiday (12 days), finding unauthorised deductions from wages. The tribunal found breach of contract for failure to give 4 weeks' notice but made no award as the claimant did not seek damages for the notice period.
Practical note
Contemporaneous documents, particularly messages between parties, can be determinative in establishing disputed employment dates where there are no formal records and conflicting accounts.
Award breakdown
Award equivalent: 6.7 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 2402418/2024
- Decision date
- 6 February 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- No
- Rep type
- in house
Employment details
- Salary band
- £30,000–£40,000
- Service
- 6 months
Claimant representation
- Represented
- No