G M Moreira v Catering Co Ltd: 2309398/2025
JUDGMENT
[1]The respondent has made unauthorised deductions from the claimant’s wages and is ordered to pay the claimant the gross sum of £1,795 subject to tax.[2]The respondent has failed to pay accrued holiday pay and is ordered to pay the claimant the gross sum of £585 subject to tax.REASONS
[1]The claimant was employed by the respondent until 19 May 2025 on a variable hours contract. His net wages were £16 per hour plus £2 net service charge. The claimant was not paid his May 2025 wages.[2]ACAS early conciliation started on 18 August 2025 and ended on 29 September 2025. The claim form was presented on 23 October 2025. It was in time.[3]During May 2025 the claimant worked 79.75 hours for which he was not paid. He is owed £1,595.00 gross in unpaid wages (16 x 79.75 = 1,276 net; 1276/80 x 100 = 1,595. ), and £200 gross unpaid service charge (2 x 79.75 = 159.50 net; 159.50/80 x 100 = 199.375 - say £200 gross). Case No: 2309398/2025 Holiday pay[4]The respondent’s leave year runs from 1 April to 31 March. The claimant was entitled to 28 days annual leave (Full Time Equivalent), including bank holidays. The claimant worked on average £34.57 hours per week or 6.91 hours per day, which is about full time.[5]He accrued annual leave from 1 April 2025 to 19 May 2025, which is 49 days or 0.134 of a year. The number of days holiday accrued is 3.76 (0.134 x 28). The number of hours accrued is 26 hours (3.76 x 6.91).[6]At a rate of £18.00 per hour net (including service charge), the net accrued amount is £468 (26 x 18). The gross accrued amount is £585 (468/80 x 100).