Miss K Warda v Atticus Promotions Ltd: 2413706/2020 and 2415254/2020
JUDGMENT
The judgment of the Tribunal is that the respondent shall pay to the claimant the sum of £2,099.94 gross, less appropriate deductions for tax and national insurance.REASONS
[1]The claimant told the Tribunal she believed that agreement had been reached prior to the hearing today for an amount of money to settle the claims of the claimant. However, the monies which the respondent had allegedly agreed to pay to the claimant had not been paid, and no formal arrangements for the settlement of the claims of the claimant had been reached. The claims were therefore properly considered by the Tribunal today and this Judgment has been issued.[2]The claimant was an employee of the respondent company during the month of August 2020. She was on furlough. She was therefore entitled to receive 80% of her wages for that month. Her gross monthly wage was £1,266.66 per month, and the claimant had submitted copies of relevant monthly wage slips to prove this. 80% of that figure is £1,013.32. The respondent is therefore ordered to pay those unpaid wages to the claimant.[3]The claimant was still on furlough and still an employee of the respondent company during the month of September 2020. The applicable rate of furlough pay was then 70% of gross monthly salary and not 80%. 70% of £1,266.66 is £886.66. The respondent is therefore ordered to pay these unpaid wages to the claimant.[4]The claimant was at all times entitled to a minimum of one week’s notice to terminate her employment. In the months of August and September, and indeed before that, the claimant was regularly contacting the respondent to ask about missing wages. At the beginning of October 2020, she again contacted the respondent company to ask about her missing wages, particularly for August and September 2020. To her surprise on 5 October 2020 the claimant received an email from the respondent enclosing her form P45. This came completely out of the blue to the claimant. There was no discussion or advance notice about the proposed termination of her employment. The claimant was therefore entitled to one week’s notice to terminate her employment, which was the first week of October 2020. On the basis of a monthly gross salary of £1,266.66, the value of one week’s gross pay is £292.30 and the respondent is ordered to pay these monies to the claimant.[5]As at the date of termination of her employment the claimant was entitled to 16.8 days’ outstanding holidays. The claimant worked four days a week and not five days a week. The calculation of 16.8 days was therefore appropriate. Taking the claimant's gross salary of £1,266.66 and multiplying it by 12 and dividing it by 52 produced a weekly wage of £292.30. On the basis that the claimant worked four days a week, the value of one day’s gross pay is £73.70. 16.8 days at that daily rate produces a figure of £1,227.66 gross.[6]The total of the payments which are due under the paragraphs set out above is £3,419.94. The respondent has made two separate payments to the claimant, one of £470 and another of £850, a total of £1,320. The balance of the monies therefore due and payable by the respondent to the claimant is £2,099.94.[7]The calculations made by the Tribunal in favour of the claimant are gross payments. If the respondent calculates that deductions should be made for taxation and national insurance then those deductions can be made, but the calculations and amounts must be clearly notified to the claimant in writing before any such deductions are made.