Mrs Catherine Collinge and others v Binary District London Ltd: 2205713/2019
JUDGMENT
[1]The Respondent has failed to file an ET3 Grounds of Resistance.[2]Having considered the ET1, and financial information and supporting documentation provided by the individual Claimants, Employment Judge Nicolle has decided that a determination of the claims can properly be made without a hearing and the Judgment of the Tribunal, made under Rule 21 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 201 is as set out below.[3]The seven claims are treated as consolidated but the judgements are set out below are specific to the claims of the individual Claimants and are enforceable by the Claimants both individually and collectively. Mrs Catherine Collinge[4]In respect of an unauthorised deduction from wages in the period 1 October 2019 to 31 December 2019 gross wages totalling £17,499.99.[5]In respect of accrued holiday the Claimant had 11 days outstanding as at 31 December 2019. On the basis that the Claimant’s gross annual salary was £69,999.96 and divided by 260 this gives a daily rate of £269.23 which multiplied by 11 = £2,961.54.[6]The Claimant is therefore entitled to the aggregate gross sum of £20,461.53 in respect of which she will be responsible for accounting for all applicable tax and employee national insurance contributions. Ms Mehetabel Merid[7]In respect of an unauthorised deduction from wages in respect of the Claimant’s notice period between 1 September 2019 and 31 October 2019 net wages totalling £3,478 once credit is given for a sum already paid to the Claimant by the Respondent.[8]In respect of accrued holiday the Claimant had 11 days outstanding as at 31 December 2019. On the basis that the Claimant’s gross annual salary was £48,000 and divided by 260 this gives a daily rate of £184.62 which multiplied by 11 = £2,030.77.[9]The Claimant is therefore entitled to the aggregate gross sum of £5,508.77 in respect of which she will be responsible for accounting for all applicable tax and employee national insurance contributions. Ms Ana Rita Coelho Faria dos Santos[10]In respect of an unauthorised deduction from wages from late September 2019 to 31 December 2019 the Claimant is owed gross wages of £10,898.94 which taking account of the sum paid to her by the Respondent of £1,759 in February 2020 means that the Claimant is awarded the gross sum of £9,139.94 in respect of which she will be responsible for accounting for all applicable tax and employee national insurance contributions. Mr Adam Browne[11]In respect of an unauthorised deduction from wages in September 2019 the Claimant was owed gross wages of £4,583.33 which taking account of the sum paid to him by the Respondent of £2,360.74 in February 2020 means that the Claimant is awarded the gross sum of £2,222.59 in respect of which he will be responsible for accounting for all applicable tax and employee national insurance contributions. Ms Liesbeth Symons[12]In respect of an unauthorised deduction from wages from late 1 October 2019 to 31 December 2019 the Claimant is owed gross wages of £17,499.99 in respect of which she will be responsible for accounting for all applicable tax and employee national insurance contributions. Mr John Alexander Peter Murray[13]In respect of an unauthorised deduction from wages from 1 September 2019 until 4 October 2019 the the Claimant is owed gross wages of £4,146.15.[14]In respect of accrued holiday entitlement the Claimant had 5 days outstanding as at the termination of his employment totalling a gross sum of £891.70.[15]The Claimant received a payment of £1,614.06 from the Respondent in February 2020 meaning that the total gross sum owing to the Claimant is £3,423.79 in respect of which he will be responsible for accounting for all applicable tax and employee national insurance contributions. Mr Charles Sammonds[16]In respect of an unauthorised deduction from wages from 1 October 2019 to 31 December 2019 the Claimant is owed gross wages of £9,249 in respect of which he will be responsible for accounting for all applicable tax and employee national insurance contributions.