Mrs VL Harris v Notes of Northumberland (Alnwick) Ltd: 2501491/2023
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim of unlawful deduction of wages (arrears of pay) is well-founded and succeeds. The Respondent is ordered to pay to the Claimant the gross sum of £645.33[2]The claim of failure to pay outstanding accrued holiday pay is well-founded and succeeds. The Respondent is ordered to pay to the Claimant the gross sum of £57.75.[3]The total gross amount to be paid to the Claimant is £703.08.REASONS
[1]On 06 June 2022, the Claimant presented a Claim Form to the Tribunal in which she brought complaints of: 1.1. unlawful deduction of wages (under section 23 Employment Rights Act 1996); 1.2. failure to pay accrued but untaken holiday pay on termination of employment (Regulation 30(1)(b) Working Time Regulations 1998 and/or section 23 Employment Rights Act 1996);[2]The proceedings were served on the Respondent at the address provided by the Claimant, which is the Respondent’s registered office, with a response date of 02 August 2023. No response was returned.[3]Under rule 21 of the Tribunal Rules of Procedure 2013, where on the expiry of the time limit in rule 16 no response has been presented and no application for a reconsideration is outstanding, an employment Judge shall decide whether on the available material, a 4.17 Rule 21 judgment – universal template. September 2017 Case No:2501491/2023 determination can properly be made of the claim or part of it. If there is, the judge shall issue a judgment, otherwise a hearing must be fixed before a judge alone.[4]The Claimant wrote to the Tribunal, on 10 August 2023 providing a breakdown of the amounts claimed, attaching a wage slip and a copy of her timesheets.[5]The Claimant was entitled to be paid £10.50 an hour. As at the date of termination of employment, the Claimant had not been paid gross salary of £645.33. That amount is made up as follows: 5.1. £309.33 for the week ending 26 March 2023 (payable on 31 March 2023); 5.2. £336 for the week ending 02 April 2023 (payable on 07 April 2023);[6]The amounts claimed were properly payable to the Claimant on the above dates. The Respondent has failed to pay them in contravention of section 13 Employment Rights Act 1996.[7]The Claimant also claimed outstanding holiday pay. At the date of termination of employment had 5.5 hours of accrued untaken holiday, equating to a payment of £57.75.[8]I was satisfied that I had sufficient information to enable me to issue a judgment in respect of the claims for unpaid wages and outstanding holiday.