Mrs D Irwin v Healthcare Assistants Ltd and Willowmere Home Care Agency Ltd: 1601078/2018
JUDGMENT
[1]The First Respondent having failed to file a response, I give judgment in default against the First Respondent in favour of the Claimant in respect of liability.[2]The claim against the Second Respondent is dismissed on withdrawal by the Claimant ____________________ Employment Judge RL Brace Dated 15 May 2019[1]A judgment in respect of liability was given in favour of the claimant and sent to the parties, it did not identify however the complaints that had been upheld and today’s hearing was listed to consider remedy.[2]The claims were identified as:a. In breach of Regulation 14(2) of the Working Time Regulations 1998, failure to pay accrued holiday on termination;b. In breach of Section 13(1) of the Employment Rights Act 1996, the respondent deducted from the claimant’s wages, pay;c. In breach of contract the respondent failed to reimburse the claimant petrol expenses incurred. Judgment on Remedy[3]Having heard from the claimant, I uphold the following complaints and award the sums set out below Case Number: 1601078 / 2018 2a. In breach of Regulation 14(2) of the Working Time Regulations 1998, the respondent failed to pay the claimant a sum in lieu of 11.2 weeks’ holiday (based on a weekly pay of £221) that she had accrued but not taken by the date on which her employment terminated. It is ordered to pay her the sum of £2,475.20 in this regard.b. In breach of Section 13(1) of the Employment Rights Act 1996, the respondent deducted from the claimant’s wages, without her authorisation, 12 weeks’ pay for the period from 25 March 2018 to 15 June 2018. It is ordered to pay her the sum of £2,652.00 in this regard.c. In breach of contract, the respondent has failed to pay the claimant in respect of petrol expenses incurred in the sum of £520.00 The total amount the respondent must pay to the claimant is therefore £5,647. The claimant is responsible for any income tax or employee national insurance contributions that may be due on the sums awarded at paragraphs 3a and 3b above.