Miss E Brzuziewska v Et Alia Ltd: 2402438/2019
JUDGMENT
[1]The claims of the claimant succeed with regard to the unlawful deduction of wages claimed and also with regard to the respondent company not providing the claimant with a written statement of particulars.[2]The sum due to the claimant, therefore, is £760.57 with regard to the unlawful deductions and a further £740 (four weeks’ gross pay) as it is just and equitable in all the circumstances to make that award.[3]The total therefore due from the respondent to the claimant to be paid forthwith is £1,500.57.REASONS
[1]The claimant attended with an interpreter. She told me that she had received from the respondent company as per their email of today’s date the sums of £140.98 and £62.64.[2]The respondent agreed that they would pay within seven days £196 but that sum has not been paid as yet.[3]I found that the claimant was owed £198 from the evidence that she gave to me on oath (a week in hand), not £196.[4]The claimant is also owed payment for periods when she took holiday: two weeks in the sum of £217.50 = £435, and a further sum underpaid to the claimant of £127.57.[5]The total therefore owed to the claimant is £964.19 of which the respondent has only paid £203.62.[6]The claimant also said that she had asked for a contract and for terms and conditions and never received those. I therefore accepted that she had not received a written statement of particulars and consequently it is right that her gross pay of £185 per week (which is an average) should be paid for four weeks.[7]Consequently, the total sum due to Ms Brzuziewska is as set out above. In coming to my judgment, I have taken into account the respondent’s email dated 25 June 2019 timed at 7.40am.