Mrs D Sumner v Controlled Access 24 Ltd: 2405717/2020
JUDGMENT
[1]The claimant’s claim for unlawful deduction from wages succeeds and I order the respondent to pay the claimant £250 gross within 14 days of the date of this judgment.REASONS
[1]The claimant brought a claim for £250. This was an unlawful deduction from wages for an amount not paid of 20 hours x £12.50.[2]The respondent did not attend the hearing. The respondent had filed a response which disputed the claim, giving their reasons at paragraph 5.4 of the response.[3]I heard from the claimant. I found Mrs Sumner to be a clear, articulate and honest witness. She provided documents for the case.[4]I find that the claimant’s claim was for a shortfall in her wages in her final pay packet of 31 March 2020. I find the claimant's wages showed a payment for 68 hours. I find the claimant worked 78 hours and was told she would be paid for another ten hours which the respondent had agreed it owed her for further additional hours worked. I find the additional hours were worked in February and early March and were not included in the hours for which she was paid. I rely on the claimant’s evidence that director Casey Hancock confirmed by email that she would be paid for those hours. I rely on the claimant's evidence that: Case No. 2405717/2020 Code V 2• Week one commencing 2 March – normal 20 hour week in the office;• Week two commencing 9 March – normal 20 hour week in the office;• Week three commencing 16 March – Monday and Tuesday in the office (8 hours) and 12 hours at home;• Week four commencing 23 March – 10 hours working and 10 hours to be paid from “additional hours”;• Week five commencing 30 March – claimant worked at home Monday and Tuesday 8 hours.[5]I find that equals 78 hours of working and ten hours for time owed for all the extra hours the claimant had previously worked, making a total of 88 hours. The wage slip showed only 68 hours paid.[6]I rely on the evidence supplied by the claimant that the respondent’s business was contract staff working on the railways. I accept her role was an administrative role. I am satisfied the correct houly rate is £12.50.[7]Accordingly I order the outstanding sum to be paid.[8]I apologise for the delay in producing these written reasons which is due to the pressure of other judicial business and then my absence from work.