Ms D Bennett and Others v UCLA Ltd - 1301722/2023 and 1301622/2023
JUDGMENT
[1]The Claimant’s claims for unlawful deductions of wages are successful and they are awarded loss of earnings from 1 November 2022 until the date they lodged their claims. This is 20 January 2023 for Ms Bennett and Ms Parkes and 28 January 2023 for Ms Eardley.[2]The Respondent deducted half an hour’s pay per day worked by the Claimants for a lunch break, but no lunch break was ever taken by any of the Claimants up to the end of November 2022. This amounts to a further unlawful deduction of the Claimant’s wages.[3]In respect of Mr Parkes only the Respondent incorrectly paid Ms Parkes at a rate of £9.50 per hour when the correct rate of payment was £9.90 per hour.[4]The Respondent must pay Ms Bennett £3,715.02 gross for unpaid wages and £402 gross for unpaid breaks (subject to a 2 year back-pay cap). This is a total sum of £4,117.02 gross.[5]The Respondent must pay Ms Parkes £1,134.77 gross for unpaid wages, £237.60 gross for unpaid breaks and £105.60 gross for underpayment of wages. This is a sum of £1,477.97 gross. Case Nos: 1301722/23 and 1301622/23[6]The Respondent must pay Ms Eardley £8,467.75 gross for unpaid wages and £3,644 gross for unpaid breaks. This is a sum of £12,111.75 gross.[7]The Respondent may deduct any necessary amounts for tax and national insurance from the gross sums.