Mrs N Hewitt v Outstanding Branding Ltd (in voluntary liquidation): 2302151/2021
JUDGMENT
[1]The claimant was an employee of the respondent from 11 February 2020 to 21 May 2021. Wages[2]At the date her employment ended the claimant’s gross weekly pay was £384.69 and her net weekly pay was £332.77.[3]The complaint of unauthorised deductions from wages is well-founded. The respondent made unauthorised deductions from the claimant's wages in the period 1 March to 21 May 2021 (11 weeks and 5 days).[4]The respondent shall pay the claimant £4506.37, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance. Notice Pay[5]The complaint of breach of contract in relation to notice pay is well-founded.[6]The respondent shall pay the claimant £384.69 as damages for breach of contract. This figure has been calculated using gross pay to reflect the likelihood that the claimant will have to pay tax on it as Post Employment Notice Pay. Holiday Pay Case No: 2302151/2021[7]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 which amounted to 3.95 weeks’ holiday.[8]The respondent shall pay the claimant £1519.53. The claimant is responsible for paying any tax or National Insurance.