Law firm staff have won an employment tribunal claim over unauthorised deductions from their wages after the sole practitioner owner died suddenly.
Employment judge Shastri-Hurst described the case as ‘hugely sad, where the dispute arises from the death of an individual’.
Jonathan Draper died ‘very sadly and unexpectedly’ in November 2022. The claimants continued to work for Draper’s two Aldershot law firms, Draper & Co Solicitors and W M Draper, until they walked out 10 days later after they were informed their salaries could no longer be paid.
The tribunal's judgment acknowledged Drapers’ ‘dedicated staff, including his own father, Mr L Draper, who was a qualified solicitor, initially a partner in the firm, but latterly a consultant’. It added: ‘The majority of Mr Draper’s staff had been with him for years.’
The judge said: ‘I understand that no-one wanted a fight over this. Litigation has been an unfortunate necessity due to the legal position of the administrators of Mr J Draper’s estate, and to ensure clarity and security for all sides.’
The judge found the contracts were terminated by way of redundancy on 8 November, after Draper’s death. The claimants’ contracts were not renewed and, legally, they were not entitled to notice pay.
The claimants’ complaints of unauthorised deductions from wages were well-founded, and the tribunal found unauthorised deductions were made from the claimants wages from 1 November to 8 November 2022.
The tribunal concluded the estate of Jonathan Draper must pay unpaid wages varying between £392 and £3,061.50 to the six claimants; holiday pay to five of the six claimants of £135.32 to £2,778.22' and redundancy pay to four of the six claimants of between £1,158.30 and £15,702.50.
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