Mrs T Lonsdale v The Lion Ltd: 1301716/2023
JUDGMENT
[1]The claim for unpaid wages succeeds and the claimant is awarded £557.93 gross;[2]The claim for unpaid sick pay succeeds and the claimant is awarded £99.35 gross;[3]The claim for unpaid holiday pay for 5 days succeeds and the claimant is awarded £538.20 gross;[4]The Tribunal awards 2 weeks pay in the sum of £1076.40 gross for a failure to provide a statement of terms and conditions.[5]The total award is £2,271.88 gross and is payable to the claimant forthwith and no later than 28 July 2023.[6]The respondent is responsible for the payment of tax.REASONS
[1]By claim form dated 27 January 2023 the claimant brought a complaint of unlawful deduction of wages. Early conciliation was entered on 24 December 2021 and ended on 25 January 2023. The claimant was employed by the respondent from 15 December 2021 until 25 November 2022. She resigned her employment.[2]The respondent entered a response stating that the claimant had pursued a holiday claim fraudulently for holidays already taken, she had left employment without notice and sought to make a counterclaim of £1,200. Due to the fact that the claimant had not made a contract claim, the counterclaim was dismissed by Legal Officer Metcalf.[3]The respondent failed to attend the Tribunal hearing. The respondent notified that the respondent was in voluntary liquidation but there is no record of this on Companies House.[4]The hearing proceeded in the absence of the respondent’s participation. In the circumstances the claimant’s evidence went unchallenged. The Tribunal found the claimant to be an honest and credible witness. Case Number: 1301716/2023[5]The claimant was employed by the respondent initially as a general manager. In May 2022 she was requested to act as an assistant operating manager but in June was requested to go back to work at the Lion to assist. The claimant was hospitalised with a heart attack. She was not paid any sick pay. She was unhappy at the respondent’s workplace and she was offered another post elsewhere. She resigned her employment with the respondent and with effect her employment ended on or about 15 November 2022.[6]At the start of her employment, the claimant received a text confirmation of her job with the respondent. She was not provided with a written statement of terms and conditions of employment in accordance with section 1 of the Employment Rights Act 1996. It failed to identify the name of her employer; date of payment of wages; the dates of the holiday year or provision of sick pay. This was a breach of section 1 of the Employment Rights Act 1996., The Tribunal awards the sum of two weeks wages of £1076.40 gross in accordance with section 38 of the Employment Act 2002. This is calculated as 45 hours per week at a rate of £11.96 per hour.[7]The respondent was unclear as to the start of the holiday year with two directors giving conflicting dates to the claimant; one alleged December and another stated January. Assuming December is the start of the holiday year and start of the claimant’s employment, the claimant had taken 13 days. She was entitled to the statutory amount of holidays per year. She claims and is awarded 5 days holiday at a rate of 9 hours per day at £11.96 per annum; this totals £538.20 gross.[8]The claimant was paid in arrears but not paid for the following days and hours and minutes 11 November 2022 9 hours and 28 minutes; 12 November 2022 10 hours and 23 minutes; 13 November 2022 8 hours and 36 minutes; 14 November 2022 8 hours and 37 minutes and 16 November 2022 9 hours 35 minutes. This totals 46 hours and 39 minutes and an award of £557.93 gross is made (calculated at a rate of £11.96 per hour).[9]Due to sickness the claimant was unable to work for 1 week between 18 to 24 November. The respondent did not challenge in its ET3 the entitlement to sick pay in accordance with Taylor Gordon v Timmons (2004) IRLR 180 and in the circumstances the claimant is awarded statutory sick pay in the sum of £99.35.[10]These sums have been outstanding for some time. The Tribunal makes the total award of £2,271.88 gross. The respondent must pay the award to the claimant forthwith and by no later than Friday 28 July 2023. The respondent is responsible for any tax on the award and may pay the claimant the net equivalent of the award made.