Mrs M C McGlade v HRX Design Ltd: 2218875/2024
JUDGMENT
[1]The complaint of unauthorised deductions from wages is well founded. The respondent made an unauthorised deduction from the claimant's wages on 25 January 2024 and on 25 February 2024, when the respondent did not pay to the claimant the sums specified on her payslips, totalling £1890 gross (£1215 for January 2024 and £675 for February 2024). Case Number: 2218875/2024[2]Additionally, however, the claimant’s wages were incorrectly calculated. The claimant’s contract stipulated a daily rate of £135 on which basis her salary should have been calculated. She worked for 15 days during her short employment with the respondent, 12 days in January and 3 days including her notice period, and therefore was owed a total of £2025, comprised of £1620 for January 2024 and £405 for February 2024.[3]The respondent shall therefore pay the claimant £2025, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance. Breach of Contract[4]The complaint of breach of contract is well-founded. The claimant was contractually entitled to be automatically enrolled in a workplace pension scheme, with the respondent required to contribute 3% of her salary into that scheme.[5]The respondent shall pay the claimant £52.50 as damages for breach of contract. Holiday Pay[6]The complaint in respect of holiday pay is well-founded. The respondent made an unauthorised deduction from the claimant’s wages by failing to pay the claimant for holidays accrued but not taken on the date the claimant’s employment ended.[7]The claimant was contractually entitled to 28 days annual leave, none of which had been taken. This amounts to 1.5 days’ leave accrued during her employment.[8]The respondent shall pay the claimant £202.50. The claimant is responsible for paying any tax or National Insurance. Conclusion[9]The respondent shall therefore pay the claimant a total of £2,280.