Ms Hannah Wears and Ms Cheryl Williams v 1728 Pubco Ltd and Country Leisure Ltd: 2500485/2018 and others
JUDGMENT
[1]These proceedings are combined.[2]All proceedings in these combined claims against the first respondent 1728 Pubco Limited are dismissed. The first respondent was dissolved on 23 April 2019. Claim Number 2500485/2019: Hannah Wears (“the first claimant”)[3]The claim for unpaid holiday pay is well-founded and the second respondent (Country Leisure Limited) is ordered to pay to the first claimant the sum of £696.29 (60.39 hours at £11.53p per hour gross) in respect of unpaid holiday pay. This is a gross sum and the first claimant shall account to the appropriate authorities for any income tax and employee national insurance contributions due in respect of such sum on receipt.[4]The claim in respect of unauthorised deduction from wages is well-founded and the second respondent is ordered to pay to the first claimant the sum of £1928.16 (78.5 hours at £11.53p per hour gross in respect of hours worked and not paid and £100 gross in respect of an agreed bonus for working on Christmas Day 2018) in respect of unpaid wages. This is a gross sum and the first claimant shall account to the appropriate authorities for any income tax and employee national insurance contributions due in respect of such sum on receipt. This award is increased by an award of two weeks gross pay totalling £923.06 (2 x £461.53) pursuant to the provisions of section 38(3) of the Employment Act 2002 (“the 2002 Act”). The award under section 38(3) of the 2002 Act is not subject to income tax or national insurance contribution.[5]The total sum due to the first claimant from the second respondent is £2624.45 and is payable forthwith. Claim Number 2500486/2019: Cheryl Williams (“the second claimant”)[6]These proceedings advanced against the first respondent alone are dismissed on withdrawal by the second claimant. The second claimant relies on the proceedings 2500518/2019 referred to below. Claim Number 2500518/2019: Cheryl Williams[7]The claim for unpaid holiday pay is well-founded and the second respondent (Country Leisure Limited) is ordered to pay to the second claimant the sum of £1175.30 (11.5 days at £102.20 per day gross) in respect of unpaid holiday pay. This is a gross sum and the second claimant shall account to the appropriate authorities for any income tax and employee national insurance contributions due in respect of such sum on receipt.[8]The claim in respect of unauthorised deduction from wages is well-founded and the second respondent is ordered to pay to the second claimant the sum of £2750.17 (127.5 hours at £12.77p per hour gross in respect of hours worked and not paid and £100 gross in respect of an agreed bonus for working on Christmas Day 2018) in respect of unpaid wages. This is a gross sum and the second claimant shall account to the appropriate authorities for any income tax and employee national insurance contributions due in respect of such sum on receipt. This award is increased by an award of two weeks gross pay totalling £1022.00 (2 x £511 per week gross) pursuant to the provisions of section 38(3) of the 2002 Act. The award under section 38(3) of the 2002 Act is not subject to income tax or national insurance contribution.[9]The total sum due to the second claimant from the second respondent is £3925.47 and is payable forthwith.[10]The awards referred to above under section 38(3) of the 2002 Act are made because the first respondent transferred the business in which the claimants worked to the second respondent in November 2018 and the second respondent did not issue an amended statement of terms and conditions of employment to either of the claimants at all and let alone at the earliest opportunity or not later than one month of the change as required by section 4(3) of the Employment Rights Act 1996. EMPLOYMENT JUDGE A M BUCHANAN