Miss B Heys v Eyes First UK Ltd: 2408074/2021
REASONS
[1]The claimant worked for the respondent optician from 15 February 2021 to 30 June 2021 as an optical assistant.[2]The claimant complains that she was paid less than the national minimum wage during her employment with the respondent.[3]The claimant also complains that the respondent failed to pay income tax and national insurance on her behalf to HMRC, despite deducting those amounts from her gross pay.[4]The claimant’s date of birth is 20 October 1990.[5]The national minimum wage from 1 April 2020 – 31 March 2021 for those over the age of 25 was £8.72.[6]The national minimum wage from 1 April 2021 – 31 March 2022 for those over the age of 23 was £8.91.[7]The claimant worked 166.5 hours in March 2021 and received gross pay of £1330. This suggests an hourly rate of £7.99. Had the claimant been paid the national minimum wage of £8.72 per hour she would have received £1451.88 in wages. The respondent unlawfully deducted £121.88 from the claimant’s wages in March 2021.[8]The claimant worked 165 hours in April 2021 and received gross pay of £1639. This suggests the claimant received an hourly rate of £9.93. The national minimum wage from 1 April 2021 was £8.91 per hour. The respondent deducted £118 for income tax and £101.05 for national insurance but did not pay these sums to HMRC. The respondent unlawfully deducted £219.05 from the claimant’s wages in April 2021.[9]The claimant worked 150 hours in May 2021 and received gross pay of £1009.95. This suggests at an hourly rate of £6.73. Had the claimant been paid the national minimum wage of £8.91 per hour she would have received gross pay of £1336.50. In addition, the respondent deducted £17.95 for national insurance but did not pay these sums to the HMRC. The respondent unlawfully deducted £344.50 from the claimant’s wages in May 2021.[10]The claimant worked 90 hours in June 2021 and received gross pay of £668.25. This suggests an hourly rate of £7.42. Had the claimant been paid the national minimum wage of £8.91 per hour she would have received gross pay of £801.90. The claimant was granted an income tax refund of £76. The respondent failed to pay the claimant’s wages of £57.65 in June 2021.[11]In addition, the respondent failed to pay the claimant statutory sick pay for a period of 10 working days from 17 June 2021 to the 30 June 2021. Whilst the claimant had a fit note for 3 weeks from 17 June 2021, the respondent was only required to pay statutory sick pay during the claimant’s employment which ended on 30 June 2021. Had the claimant received statutory sick pay at the rate of £96.35 per week she would have received an additional £192.70 in wages.[12]The respondent unlawfully deducted £250.35 from the claimant’s wages in June 2021.