Ms N Gregory v M Z Zaman (alternately known as Z Zaman or M Zaman): 2401511/2021
JUDGMENT
[1]The claimant’s claim for unauthorised deductions from wages is well founded and succeeds.[2]The claimant’s claim for unpaid holiday pay is well founded and succeeds.[3]The claimant was employed at national minimum wage for 37.5 hours per week, giving a monthly gross rate of pay of £ 1251.25 for March 2020 and at a monthly gross rate of pay of £ 1332.50 thereafter, from 6 November 2019 until termination of her employment on 20 November 2020.[4]The respondent made claims from HMRC for furlough pay for her but did not pay it all to her. In each of the following months she received an unauthorised deduction from her wages of the following amounts:- March 2020 £ 169.40 April 2020 £ 300.33 May 2020 £ 497.36 June 2020 £1332.50 July 2020 £1332.50 August 2020 £1332.50 September 2020 £1332.50 October 2020 £1332.50 November 2020 £ 888.33 (20 days at a daily rate of £ 44.41) The total amount of unauthorised deduction from wages is £ 8517.92.[5]The claimant was entitled to 28 days paid annual leave. She did not take any leave at all during the year from 21 November 2019 until 20 November 2020. On termination of employment she was entitled to receive 28 days paid annual leave. The respondent did not require her to take annual leave whilst on furlough. All of that leave would have been taken after 6 April 2020 at the higher national minimum wage rate of £ 8.20 per hour. [37.5 x £8.20 x 52 = £15990 divided by 365 days to give a daily rate of £ 43.80 multiplied by 28 days due =£ 1226.60]. The total amount of unpaid annual leave on termination of employment is £ 1226.60. The respondent is ordered to pay the claimant £ 9744.52