Ms A Khatri v Direct Staff UK Ltd: 2302802/2023
JUDGMENT
[1]The correct name of the respondent is Direct Staff UK Limited, not Mr Mendonca (a director or employee) as originally stated on the claim form. The Tribunal was satisfied that the company’s address was used throughout, that ACAS early conciliation was with the company and that all communications have been to Mr Mendonca at his work email address, so that the company has been aware of the claim throughout.[2]The following claims are upheld:(a) unlawful deduction from wages in respect of five days unpaid work(b) unlawful deduction from wages in respect of two days overtime pay(c) unlawful deduction from wages / breach of Regulation 13 of the Working Time Regulations 1998 in respect of holiday pay taken but not paid.[3]There was also a failure to supply a statement of particulars of employment which complied with section 1 Employment Rights Act 1996, for which two weeks’ (average) pay is awarded.[4]The following sums are awarded under paragraph 2 above respectively:(a) £531.85(b) £328.90 Case Number 2302802/2023 Page 2 of 2(c) £1,033.80[5]The total amount due for unlawful deduction from wages is £1,894.55[6]Applying the guidance in Walters t/a Rosewood v Barik UKEAT/0053/16/BA, the award for unlawful deduction from wages is a gross amount which the respondent can satisfy by payment to the claimant of the net amount due and payment to HMRC of any tax and national insurance which falls to be deducted at source.[7]The amount due under paragraph 3 above is £852.93, which is payable without deduction of tax or national insurance.[8]The overall total is £2,747.49