Ms R Channing v Aaqua Ltd: 2208103/2022

EMPLOYMENT TRIBUNALS
Case No 2208103/2022
Ms R ChanningClaimantAaqua LtdRespondent
Employment Judge NicklinIn person for claimantNot represented for respondentDate 9 December 2022

JUDGMENT

UPON the Respondent having been correctly served but not having filed an ET3 Response to the claim AND UPON the tribunal hearing sworn evidence from the Claimant and being satisfied that the amounts set out in the judgment below are owing and unpaid pursuant to the Claimant’s contract and the terms of her signed termination and release letter dated 23rd June 2022 AND UPON the Claimant confirming that she does not pursue any claim in this jurisdiction for any breach of contract in respect of any entitlement to employee stock options and, accordingly, no findings having been made on such an issue It is the judgment of the tribunal that:[1]The Respondent made an unlawful deduction to the Claimant’s wages in August 2022 by failing to pay her pro rata salary for the month of August 2022 in the sum of £11,014.49 (gross) and accrued but unpaid holiday pay upon termination of £9,500 (gross).[2]The Respondent is in breach of contract for failing to invest the sum of £1,583.33 deducted from the Claimant’s July 2022 pay into her occupational pension fund.[3]The Respondent is in breach of contract for failing to make its 4% contributions to the Claimant’s occupational pension fund for the months of July and August 2022. The amounts not invested are £633.33 in July and £449.46 (pro rata) in August 2022.[4]The Respondent must therefore pay the Claimant the grand total (gross) of £23,180.61 (for unpaid wages and damages for breach of contract). This Case No. 2208103/2022 sum is gross and must be paid to the Claimant, by the Respondent, net of any appropriate deductions for tax or National Insurance.