K Ling v Musgrave Ventures Ltd: 1404804/2021
JUDGMENT
By consent, the Respondent is ordered to pay to the Claimant the sum of £750.00.REASONS
[1]At the start of the hearing I explored the documentation provided. The parties did not both have the same documentation, and I had been provided with something different. The Claimant had not prepared a witness statement. The Respondent had, but it had been supplied only this morning, and I had not received it.[2]I asked the Claimant to go through her claim. Some facts were not in dispute, principally that there had been deductions, some of which had been refunded. The gross pay (on which tax and NI had been paid) was not in dispute, save that an enhancement had not been credited for some of the hours worked.[3]Mr Minks, for the Respondent accepted that £335.35 was due. Ms Ling’s claim was for £1,088.76. Much of the dispute was about the length of the notice Ms Ling was required to give during her probationary period. The contract was not entirely clear on this point. While the employer was obliged to give only 1 week’s notice during the probation period there was no 10.7 Judgment with reasons – rule 62 Case No: 1404804/2021 provision setting out the notice the employee was required to give in the probation period. There was an overall clause saying 4 weeks’ notice was required from the employee, but that could be read as subsequent to the probationary period.[4]The claim and the defence to it were not well prepared, and after some discussion, both parties elected to compromise their positions, and it was agreed that the Respondent would pay to the Claimant £750. This was in respect of deductions from pay that had be subject to tax and NI calculations, and so is to be paid gross.