M Gresty, Georgian Gates and Railings Ltd v Ms J Dunn: 2409406/2022
JUDGMENT
Employment Tribunals Rules of Procedure 2013, Rule 21 The respondent not having presented a response to the claim and on the information before the Judge,[1]The claim for overpayment of wages is successful. The respondent is ordered to repay £4192.43[2]The claim for unauthorised bonus payment is successful. The respondent is ordered to repay £250.[3]The claim for overpayment of annual leave taken but not accrued is successful. The respondent is ordered to repay £1365.33 3. The claim for overpayment of expenses is successful. The respondent is ordered to pay £221.25REASONS
[1]The respondent worked in HR and payroll for the claimant gate company from 20 December 2021 to 10 August 2022.[2]The claimant dismissed the respondent for gross misconduct on 10 August 2022.[3]The respondent issued a claim for unfair dismissal, disability discrimination, sex discrimination and breach of contract on 23 August 2022 claim number 2406507/2022.[4]The claimant issued an employer’s counter claim within the response to claim number 2406507/2022 which became claim number 2409406/22.[5]The respondent did not attend three case management preliminary hearings in claim number 2406507/2022 and on the last two occasions did not provide the Tribunal with an explanation for her non-attendance. As a result, claim number 2406507/2022 was struck out.[6]The respondent did not provide a response to the claimant’s counter claim and this judgment was issued in accordance with rule 21 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013.[7]The claimant discovered that the respondent had, without the claimant’s authority, increased her salary from £25,000 to £37,500. This resulted in an overpayment of wages of £4192.43[8]The claimant also discovered that the respondent had, without the claimant’s authority, paid herself a bonus of £250.[9]The claimant also discovered that the respondent had not reimbursed the claimant in accordance with the claimant’s policy for breakfast expenses incurred throughout the respondent’s employment. The total expenses owed was £59.28.[10]Following termination of the respondent’s employment, the claimant discovered that the respondent had used the claimant’s credit card without the claimant’s authority to pay for Linkedin subscriptions. The total cost of the subscriptions was £161.97.[11]During the course of her employment the respondent took 24 days annual leave. The duration of the respondent’s employment equated to 35% of the leave year. The respondent was entitled to 28 days annual leave each year. On termination of the respondent’s employment, she had accrued 9.8 days leave. The respondent had therefore been overpaid by 14.2 days annual leave on termination of her employment. The total overpayment was £1365.33.