Ms N Niknejad v Hotel Management Services Ltd and Hotelwala Ltd: 1310163/2021
JUDGMENT
[1]The Claimant’s employment transferred to the Second Respondent under the Transfer of Undertakings (Protection of Employment) Regulations 2006 in June 2020. Therefore, the correct Respondent to this claim is the Second Respondent, Hotelwala Limited.[2]The Claimant’s claim of wrongful dismissal (notice pay) is successful and the Second Respondent is ordered to pay the Claimant £297.50 notice pay.[3]The Claimant’s claim of holiday pay is successful and the Second Respondent is ordered to pay the Claimant £2,558.50 holiday pay.[4]The Claimant’s claim for unlawful deduction of wages is partly successful. The first part of her claim relating to an alleged underpayment on 14 April 2020 was lodged out of time and it was reasonably practicable for this claim to have been lodged in time. Therefore, this aspect of the claim fails and is dismissed. However, the unlawful deduction of wages claim relating to unpaid furlough pay is successful and the Second Respondent is ordered to pay the Claimant £1,189.50 net wages.[5]The Claimant was not provided with a written statement of particulars at the time these proceedings were commenced and an award of 4 weeks’ pay is made. The Second Respondent is ordered to pay the Claimant £1,190. 10.2 Judgment - rule 61 February Case No: 1310163/2021[6]The Second Respondent may deduct any necessary sums for tax and national insurance from the payments detailed at paragraphs 2 and 3 above.