G Grey v ORSA Housing Ltd: 1305460/2022
JUDGMENT
[1]The respondent has made an unauthorised deduction from the claimant’s wages. The respondent is ordered to pay the claimant £1,808.85 gross. Signed by Employment Judge Britton Date: 27 March 2023[2]Case Number: 1305460/2022 EMPLOYMENT TRIBUNALS Claimant: Garnet Grey Respondent: ORSA Housing Limited RECORD OF A PRELIMINARY HEARING Heard at: by CVP On: 24 March 2023 Before:REASONS
[1]These Reasons are provided pursuant to a request received from the respondent on 19 April 2023. I am extending time by one day to be able to accept the Respondent’s request, which was in fact made one day outside of the time limit for requesting written Reasons.[2]This was a claim for unpaid wages (holiday pay) that was presented to the Tribunal on 31 August 2022, following a period of early conciliation between 28 July 2022 and 11 August 2022. The claimant had been employed by the respondent as a Senior Support Worker during the period 22 November 2021 to 12 August 2022. By its response dated 14 September 2022 the respondent resisted the claims.[3]On consideration of the claimant’s witness statement, contract of employment, pay slips and other surrounding documents provided within a List of Documents consisting of 17 documents and after listening to Mr Matt Dudley, who gave evidence on behalf of the respondent I made the following findings.[4]The claimant’s normal gross pay was £180.00 per week plus a night allowance of £32.50, totalling £212.50 gross per shift. The claimant took annual leave on 25 and 26 May 2022, 30 June 2022 and 1 July 2022. In respect of those days of leave, the claimant received a gross payment of £180.00 per day. I have found that normal remuneration did include the night shift allowance and therefore on each of those four days the claimant’s holiday pay was underpaid by £32.50.[5]The respondent’s leave year commenced on 1 April each year. The claimant was given permission by the respondent to carry forward 5 days’ untaken leave into the leave year that commenced on 1 April 2022. The claimant was not paid for those days of accrued holiday on termination. The claimant was therefore owed £1,062.50 gross in respect of those five days’ leave. Case Number: 1305460/2022[6]During the period 1 April 2022 to 12 August 2022 the claimant accrued a further 10.5 days’ holiday, 6.5 days of which remained untaken when the Claimant’s employment ended.[7]It follows therefore that the claimant was owed 6.5 days’ annual leave at a rate of £212.50 per day (per shift) in the sum of £1,381.25. However, the Respondent made a payment of £764.40 in respect of holiday pay on termination.[8]Therefore, the outstanding holiday pay due to the Claimant on termination is as follows:- 4 x £32.50 = £ 130.00 (as per paragraph 4 above) 5 x £212.50 = £1,062.00 (as per paragraph 5 above) 6.5 x £212.50 - £764.40 = £ 616.85 (as per paragraph 7 above) ________ £1,808.85 GROSS ________ Signed by