Ms S Nagra v Essence of Beauty: 1307573/2020
JUDGMENT
The Tribunal makes the following findings in respect of the application for reconsideration for claim no 1307573/2020 (and 1307572/2020), after considering the respondent’s application and the second claimant’s response:[1]The application in respect of paragraph 6 of the judgment of 4 February 2022 does not succeed the respondent failed to evidence why their calculations of the average hours the second claimant worked is correct.[2]The application in respect of paragraph 7 of the judgment of 4 February 2022 does not succeed, the respondent has submitted nothing further to change the finding that the second claimant’s evidence was preferred on the number holidays she was owed.[3]The application in respect of paragraph 11 of the judgment of 4 February 2022 succeeds, there are no grounds to make an award under section 12(4) of the Act. The Claimant has been compensated for unauthorised deduction from wages in paragraph 6 of the judgment and section 26 of the Act prevents double recovery.[4]The total sum the respondent must pay the claimant is now reduced to £7,973.45 (unlawful deductions of £2,306.75 gross, holiday pay of £4,986.70 gross and additional compensation of £680 for failure to be provided with written particulars). 11.12 Judgment on reconsideration – no hearing - rules 70 and 73 Case No:1307573/2020