Ms Z Simpson v Rosetta Lounge Harborne Ltd: 1303073/2025
JUDGMENT
[1]The claimant’s complaint of unlawful deductions from wages is well founded and the Tribunal finds that the Respondent failed to pay the wages due to the Claimant in the months of December 2024, January 2025, February 2025 and March 2025. The Respondent further failed to pay the Claimant statutory sick pay due for the period of 17 weeks from 30/3/25 to 31/7/25.[2]The Claimant’s claim for holiday pay is well founded and the Tribunal finds that the Claimant is entitled to 28 days holiday for the holiday accrued but untaken as at the date of her termination, pursuant to Regulation 30 (1) (b) of the Working Time Regulations 1998.[3]The Claimant’s claim for the failure of the Respondent to provide her with an itemised pay statement for the 13 weeks prior to her application, contrary to sections 8 of the Employment Rights Act 1996 (the ‘1996 Act’) is well founded and the Tribunal makes an award in this regard, pursuant to section 12 (4) of the 1996 Act.[4]The Claimant’s claim for the failure of the Respondent to provide her with a written statement of her employment particulars contrary to section 1 of the Employment Rights Act 1996 is well founded and the Tribunal awards four weeks gross pay.[5]The Tribunal finds that the Respondent failed to comply with the ACAS code of practice in respect of the Claimant’s grievance and find it is just and equitable to increase the Claimant’s award of compensation by 25%.[6]In accordance with the above judgment the Tribunal makes the following award of compensation to the Claimant: i. Unlawful deductions from wages - £2,861.19 net (consisting of unpaid wages of £842.44 and £2,018.75 statutory sick pay); ii. Holiday Pay - £1,670.42 net iii. Failure to provide an itemised statement of pay - £508.98 net iv. Failure to provides statement of employment particulars - £1,440 v. 25% uplift to the sums at (i) above - £715.30 Total award: £7,195.89[7]The Respondent shall pay the Claimant the sum of £7,195.89 by 4pm on 15 June 2025. Approved by: Employment Judge Manley 1 June 2026 Note Reasons for the judgment were given orally at the hearing. Written reasons will not be provided unless a party asked for them at the hearing or a party makes a written request within 14 days of the sending of this written record of the decision.