Miss K Rathbone v Mr G Sowerby and The Fountain Pub 2017 Ltd: 2500054/2022
JUDGMENT
ON LIABILITY AND REMEDY Employment Tribunals Rules of Procedure 2013 – Rule 21 The Claimant’s claim for the unauthorised deduction of wages, pursuant to section 13 of the Employment Rights Act 1996, and her claim for the non-payment of accrued and outstanding holiday pay pursuant to Regulation 14 of the Working Time Regulations 1998, are well-founded. The Respondent is ordered to pay to the Claimant the following:[1]Wages in the sum of £561.33. This is a gross award and the Claimant shall be liable to the Inland Revenue for any tax and national insurance payments thereon.[2]Holiday pay in the sum of £280.67. This is a gross award and the Claimant shall be liable to the Inland Revenue for any tax and national insurance payments thereon.[3]Total award = £842REASONS
[1]The Claimant submitted her ET1 form to the Employment Tribunal on 13 January 2022. A copy of the claim form was forwarded to the first Respondent by the Tribunal on 19 February 2022 and the Respondent had until 14 March 2022022 to file a response.[2]The Claimant provided the Tribunal with a copy of her contract of employment on 7 March 2022 from which it was apparent that she may have been employed by the second Respondent. The Tribunal forwarded to the second Respondent a copy of the Claimant ET1 form on 8 March 2022. The second Respondent had until 5 April 2022 to file a response.[3]As no response has been received by the Tribunal from the first or second Respondent, the above Judgment has been entered without a hearing on the basis of the information provided by the Claimant and in accordance with Rule 21 of the Employment Tribunal Rules of Procedure 2013. 4.17 Rule 21 judgment – universal template. September 2017 Case No:2500054/2022[4]The Claimant has claimed she was owed 1 ½ weeks wages and she was paid at the rate of £8.91 per hour, averaging 42 hours of work per week. This gives a total award in respect of the unauthorised deduction of wages in the sum of £561.33.[5]The Claimant has claimed she was owed 31.5 hours of holiday pay. Multiplied by the hourly rate of £8.91, the total award in respect of holiday pay is £280.67.