Mr M Hollis and Miss Z Pietrzak v JSS Developments Ltd: 2405374/2017 and 2405398/2017
JUDGMENT
[1]The first claimant, Mr Hollis’s, claim of unauthorised deduction of wages succeeds. The respondent will pay the first claimant ten hours’ pay at £10.76 per hour = £107.60, and 81.5 hours at £5.83 per hour = £475.15, a total of £582.75 without deduction of tax or NI.[2]The first claimant's claim for holiday pay succeeds. The respondent will pay the first claimant 73.23 hours at £5.83 per hour = £421.10 and 252 hours at £5.83 = £1,469.16, a total of £1,890.26 without deduction of tax and NI.[3]Because of the respondent’s failure to engage with any grievance procedure with the first claimant, the total award under paragraphs 1 and 2 above of £2,473.01 will be uplifted by 25%, a figure of £618.25, making a total of £3,091.26.[4]The respondent failed to provide the first claimant with a written statement of terms and conditions of employment and shall pay the first claimant four weeks’ pay calculated as 40 hours per week at £6.00 per hour = £960.[5]The total payable by the respondent to the first claimant is £4,051.26.[6]The second claimant, Miss Pietrzak’s, claim of unauthorised deduction of wages succeeds. The respondent will pay the second claimant 35 hours’ at £6 per hour = £210 without deduction of tax and NI.[7]The second claimant’s claim for unpaid holiday pay succeeds. The respondent will pay the second claimant £106 being the balance due to her of holiday pay owed.[8]The total of compensation awarded in respect of paragraphs 6 and 7 above is £316. This will be uplifted by 25% because of the respondent’s failure to engage in a grievance process with the second claimant. That is a further £79, making a total of £395.[9]The respondent failed to provide the second claimant with a written statement of terms and conditions of employment. The respondent will pay the second claimant four weeks’ pay of 15 hours at £6.00 per hour = £360.00.[10]The total payable by the respondent to the second claimant is £755.00.