Ms L Gillett v Devon Pubs Ltd: 1402406/2020
JUDGMENT
[1]The Claimant’s claim under section 23 of the Employment Rights Act 1996 that the Respondent has failed to pay wages due to the Claimant is well founded.[2]The Claimant’s claim under regulation 30(1) of the Working Time Regulations 1998 that the Respondent has failed to pay the Claimant an amount due under Regulation 14(2) of those Regulations (holiday pay) is well founded.[3]The Respondent is ordered to pay to the Claimant £7,207.12 in this respect. Any amount which the Respondent lawfully deducts from the above amount by way of income tax, national insurance contributions or otherwise shall be treated to that extent as in payment of this order. In the absence of evidence to substantiate the lawfulness of such a deduction the gross amount specified shall be due under this Judgment to the Claimant. Schedule of Calculations S7.1 1 Case No: 1402406/2020 Wages The Claimant was not paid from and including March 2020 to the end of August 2020 at which time the Claimant found other work. For the months April to June 2020 the Claimant agreed to accept 80% of her pay as a furlough arrangement. The calculation is: Pay for March, July and August 2020: £4,095 Pay for April to June 2020: £3,276 A week’s pay in hand: £315 From the total of £7,686, £1,250 falls to be deducted being the total of payments already made by the Respondent on account of wages. This leaves a balance owing of £6,436. Holiday pay The Claimant is owed 91.8 hours holiday pay. The calculation is: 61.2 x £9 (normal hourly rate) = £550.80 30.6 x £7.20 (furlough rate) = £220.32 Total: £771.12 Employment Judge Matthews Dated: 11 September 2020 Judgment sent to parties: 14 September 2020 Reasons having been given orally, written reasons will not be provided unless they are asked for by written request presented by any party within 14 days of the sending of this written record of the decision. S7.1 2