A Balogun v Flavourtown Bakery Ltd: 2302052/2023 A Balogun v Flavourtown Bakery Ltd: 2302052/2023
JUDGMENT
[1]The claimant’s claim that the respondent has made unauthorised deductions from the claimant’s wages is successful.[2]The respondent must pay the claimant £528 gross for the holiday pay that was recorded as paid on 5 May 2023, but not in fact paid.[3]In addition, the respondent is to pay the claimant the tax repayment of £88 that was declared as paid to the claimant on 5 May 2023, but was not in fact paid.[4]It is noted that the payslip dated 5 May 2023 said that no tax or NI was deductible at that time and the claimant was to receive £616 net (the combination of the above tax repayment and the holiday pay). 1 of 2 Case Number: 2302052/2023[5]Orders for wages are made gross subject to deductions for tax and National Insurance. If tax and National Insurance is now due on this payment due it being made in a different tax year, it is the respondent’s responsibility to pay it. This is so the claimant still receives the net payment she ought to have received if she had in fact received the payment that was recorded on the payslip as paid on 5 May 2023 (but was not in fact paid).[6]I refused the respondent’s application for costs. Approved by