Miss J Hallam v La Perla Beauty (UK) Ltd (in CVA): 2216394/2023
REASONS
[1]The Tribunal issued a Judgment under Rule 21 of Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 on 21 March 2024 and listed this Remedy Hearing.[2]The Claimant brings this claim for unpaid salary and pension contributions and unpaid expenses. The Respondent is in voluntary arrangement and made a payment of £8,244.00 to the Claimant on 24 May 2024.[3]The Claimant gave evidence and the Tribunal had before it a bundle of documents including payslips, email correspondence regarding the Respondent’s non-payment of wages and correspondence from the Claimant’s Pension provider regarding non payment of contributions. The Facts: 2 The Claimant commenced her employment as Head of Visual Merchandising and Training on 1 September 2020 and her employment has not been terminated, although the workflow has reduced to a trickle. She has been undertaking short term contract work elsewhere, in order to stay afloat financially, since 18 March 2024. 3 She received payslips for September, October and November 2023 but the salary was not paid. Emails show that the Respondent was in severe financial difficulties and was seeking ways to pay staff their wages.[4]The Claimant’s payslips show a gross monthly wage of £7,087.50 and net pay of £4,529.44 for September 2023, £4,529.45 for October 2023 and £4,491.85 for November 2023. The Respondent’s monthly pension contribution is £354.38 and the Claimant is owed outstanding business expenses in the sum of £598.40 pence.[5]The Claimant claims her wages and pension contributions for a 6 month period, from September 2023 to the end of February 2024. Namely: - September, October, November payslip amounts, total £13,550.74 net: - December 2023, January and February 2024 at the rate of £4,491.85 = £13,475.55: - Pension contributions: 6 months X £354.38 pence = £2,126.28 pence - Unpaid expenses: £598.40 pence. Total: £29,750.97 less £8,244.00 paid to her on 24 May 2024 = £21,506.97. Conclusion:[6]The Tribunal was satisfied on all the evidence before it that the Claimant is entitled to her unpaid wages as set out above and gives Judgment accordingly.