Miss A Coimbra and Miss G Zedda v Shapers (Sutton) Ltd: 2304396/2022 and Others
JUDGMENT
[1]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the first claimant's wages in the period 26 August 2022 to 15 September 2022. The respondent shall forthwith pay the first claimant £1048.80, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National[2]The complaint of breach of contract in relation to notice pay is well-founded. The respondent shall pay forthwith the first claimant £3283.20 as damages for breach of Case numbers 2304396/2022 and 2300260/2023 2 contract. This figure has been calculated using gross pay to reflect the likelihood that the first claimant will have to pay tax on it as Post Employment Notice Pay.[3]The complaint in respect of holiday pay is well-founded. The respondent made an unauthorised deduction from the first claimant's wages by failing to pay the first claimant for holidays accrued but not taken on the date the claimant’s employment ended. The respondent shall forthwith pay the claimant £527.13. The first claimant is responsible for paying any tax or National Insurance.[4]Under section 163 Employment Rights Act 1996 it is determined that the first claimant is entitled to a redundancy payment of £3283.20 which the respondent shall pay forthwith. Employment Judge T.R.Smith Date 14 December 2023 Case numbers 2304396/2022, 2300260/2023 and 2300262/2023 10.15 Certificate of Correction – rule 69 March 2017 EMPLOYMENT TRIBUNALS Claimants: Miss A. Coimbra(1) Miss G. Zedda (2) Respondent: Shapers ( Sutton ) Limited CERTIFICATE OF CORRECTION Employment Tribunals Rules of Procedure 2013 Under Rule 69, the judgement dated 14 December 2023 and sent to the parties on 08 February 2024 is corrected as set out in block type in the heading by the addition of an addition case number of the corrected judgment. _____________________________ Employment Judge T.R.Smith _____________________________ Date 28 June 2024 Important note to parties: Any dates for asking for written reasons, applying for reconsideration or appealing against the judgment are not changed by this certificate of correction and corrected judgment. These time limits still run from the date the original judgment or reasons were sent, as explained in the letter that sent the original judgment. Case numbers 2304396/2022, 2300260/2023, 2300262/2023 1 EMPLOYMENT TRIBUNALS Claimants: Miss A. Coimbra(1) Miss G. Zedda(2) Respondent: Shapers (Sutton) Limited Heard at: London South via CVP On 14 December 2023 Before: Employment Judge T.R. Smith Representation Claimants: Miss Coimbra in person, no attendance by Miss Zedda Respondent: No attendance The tribunal having applied rule 47:-[1]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the first claimant's wages in the period 26 August 2022 to 15 September 2022. The respondent shall forthwith pay the first claimant £1048.80, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National[2]The complaint of breach of contract in relation to notice pay is well-founded. The respondent shall pay forthwith the first claimant £3283.20 as damages for breach of Case numbers 2304396/2022, 2300260/2023, 2300262/2023 2 contract. This figure has been calculated using gross pay to reflect the likelihood that the first claimant will have to pay tax on it as Post Employment Notice Pay.[3]The complaint in respect of holiday pay is well-founded. The respondent made an unauthorised deduction from the first claimant's wages by failing to pay the first claimant for holidays accrued but not taken on the date the claimant’s employment ended. The respondent shall forthwith pay the claimant £527.13. The first claimant is responsible for paying any tax or National Insurance.[4]Under section 163 Employment Rights Act 1996 it is determined that the first claimant is entitled to a redundancy payment of £3283.20 which the respondent shall pay forthwith.