EXCLUSIVE by DOUG COLLIE
Management at a subsidiary of the Avocet 'disruptive technology' group made unauthorised deductions from the wages of their office administrator, breached her contract of employment and unfairly dismissed her, an employment tribunal judge has ruled.
And despite numerous attempts by tribunal staff to contact representatives of Avocet Faculties Ltd ahead of a three day remote hearing last month there was no response from the company, they were not present at proceedings and were not represented.
In a written decision issued to the parties on July 28th employment judge Lesley Murphy, ordered Faculties to pay Sarah Shotton a total of £9,588.80 with a further hearing scheduled to determine 'remedy' in respect of Ms Shotton's complaint of unfair dismissal.
Since she was made redundant Ms Shotton has been the subject of repeated verbal attacks in letters to shareholders circulated by Avocet chairman Martin Frost.
As recently as July 30th Mr Frost sent out an email headed WARNING in which he wrote: "Miss Sarah Shotton is identified as an anonymous caller phoning ANC [Avocet Natural Capital] Plc shareholders using her stolen ANC shareholder details. This anonymous phone caller purports to be a police officer but if called upon to identify herself, provide her collar number, and police address she immediately hangs up".
And in a written submission to the tribunal service last year Mr Frost who resigned as a director of Avocet Faculties in September 2020 stated: "Claimant has been paid, indeed overpaid for the actual time worked.
"Claimant has not been charged with the theft of items from Harcarse Hill farm (a Berwickshire property formerly occupied by Avocet) - that said subsequent investigations denote that the claimant appears to have conspired with the thieves to keep secret the stolen goods. Claimant admits to a breach of her NDA (non-disclosure agreement) and a criminal enquiry is proceeding concerning her involvement in data theft".
But Ms Shotton commented: "Frost bullies, defames, discredits and threatens anyone who challenges his vile ramblings, all of which is designed to do as much damage to our reputations as possible and deflect from the truth of what he is doing himself"
She added that the allegations of possible criminality levelled against her and the latest accusation of posing as a police officer were pure fantasy on Mr Frost's part. Ms Shotton said a former work colleague had contacted Faculties' sole director Dr Bob Jennings to ask why they were being treated so badly, but there was no response. She pointed out that she had never been charged with any criminal offence.
Ms Shotton worked in her £51,000-a-year post for Avocet from March 2018 until she was made redundant by email from Mr Frost in April last year.
The tribunal judgment states: "The respondent [Avocet Faculties Ltd] has breached the claimant's contract of employment and is ordered to pay her £615.38 in respect of net damages for failing to give the statutory minimum notice period of two weeks of the termination of the claimant's employment.
"The respondent made an unauthorised deduction from wages and is ordered to pay the claimant £1,301.92 in respect of unpaid wages relating to eight days accrued untaken holiday outstanding as at the termination of employment on 17/4/2020.
"The respondent has made an unauthorised deduction from wages and is ordered to pay the claimant £7,671.50 in respect of unpaid wages in the period 1 March to 17 April 2020".
Judge Murphy goes on to say the respondent did not attend the tribunal hearing and was not represented.
"Numerous attempts were made in advance of the hearing to contact the respondent to arrange a CVP [Cloud Video Platform] test. The clerk emailed the respondent on 5, 7, 12 and 14 July 2021 and attempted to reach the respondent by telephone on 8, 13 and 14 July. The clerk received no answer. The clerk attempted to call the respondent again on the morning of the hearing".
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