Ms J Pickett v Lux & Lux Care Ltd: 2410254/2022
JUDGMENT
[1]The complaint in respect of holiday pay is well founded. The respondent failed to pay the claimant in accordance with regulation 14(2) and 30 of the Working Time Regulations 1998 for three weeks and three days during August and September 2022. The respondent is ordered to pay the claimant the gross sum of £2,964.00 (03 weeks holiday at £760 per week = £2,280.00 plus 03 days of annual leave owed at £228.00 per day = £684.00).[2]The complaint of unauthorised deductions from pay contrary to Part II Employment Rights Act 1996 is well founded. The respondent made an unauthorised deduction from the claimant’s pay in respect of one full day on 12 August 2022 whilst the claimant attended a mandatory training course. The respondent is ordered to pay to the claimant the gross sum of £228.00.[3]In addition, the respondent is ordered to pay to the claimant the net sum of £104.00 to compensate the claimant for expenses incurred by the claimant on behalf of the respondent.[4]The respondent failed in its duty to provide the claimant with a written statement of the main terms of employment complying with section 1 of Employment Rights Act 1996. Pursuant to section 38 of the Employment Act 2002 the above award is increased by the sum of £1,520.00, being two weeks wages gross pay.[5]The Tribunal calculates the amount of payment on a gross basis (except for expenses in point 3 above), but the respondent is entitled to make any deductions which are due for tax and national insurance contributions before payment is made to the claimant.