Ms M JnagalClaimantMr T Welch of counselRespondent
Before
Employment Judge NicolleIn person for claimantMr T Welch (instructed by counsel) for respondentDate 11 August 2020
JUDGMENT
[1]The Claimant’s contention that she was entitled to be paid wages at her normal rate of pay between 7 January 2019 and 30 July 2019 fails and is dismissed.[2]The Claimant is entitled to one week’s net pay to reflect her minimum statutory notice period in accordance with sections 86 to 88 of the Employment Rights Act 1996. The Claimant is entitled to a gross sum of £855.77 (which should be calculated and paid to her on a net basis).[3]The Claimant Is entitled to the payment of accrued holiday pay in accordance with the Working Time Regulations 1998 (the Regulations) for the period of her employment between 1 January 2019 and 30 July 2019. Given that the Claimant had an annual holiday entitlement under the Regulations of 28 days it was agreed that her pro rata holiday entitlement for the period from 1 January 2019 until 30 July 2019 equated to 16.5 days once rounded up. Based on the Claimant’s annual gross salary of £44,500 this therefore entitles the Claimant to a gross sum of £2,824.04.[4]Where a payment is made to the Claimant on a gross basis she is responsible for the payment of any applicable tax and employee National Insurance contributions. Case Number 2203728/2019