Ms E Davison and others v Serenity H2O Ltd and Hamilton Facilities Management Ltd: 2501948/2021 and others
JUDGMENT
[1]The first claimant’s claim of unauthorised deduction of wages contrary to section 13 of the Employment Rights Act 1996 is not well-founded and fails.[2]The first claimant’s claim of failure to pay for holidays accrued but not taken at the date of dismissal is not well-founded and fails.[3]The first claimant’s claim of unfair dismissal fails. Second Claimant – David McMenamin[4]The second claimant’s claim of unauthorised deduction of wages contrary to section 13 of the Employment Rights Act 1996 is well-founded and succeeds against the second respondent.[5]The second respondent, Hamilton Facilities Management Ltd, shall pay David McMenamin the sum of £7,500.00 (gross before deduction of income tax and National Insurance) in respect of unauthorised deductions of pay for the period December 2021 to 30 April 2022.[6]The second respondent, Hamilton Facilities Management Ltd, shall pay David McMenamin the sum of £370.00 (gross before deduction of income tax and National Insurance) in respect of unauthorised deductions of pension contributions.[7]The second claimant’s claim for failure to pay for holidays accrued but not taken is well-founded and succeeds against the second respondent.[8]The second respondent, Hamilton Facilities Management Ltd shall pay David McMenamin the sum of £2,076.00 (gross before deduction of income tax and National Insurance) for the failure to pay for holidays accrued but not taken.[9]The second claimant’s claim of breach of contract (failure to pay notice pay) is well founded and succeeds against the second respondent.[10]The second respondent, Hamilton Facilities Management Ltd shall pay David McMenamin the sum of £1,500.00 (gross before deduction of income tax and National Insurance) for the failure to pay notice pay.[11]The second claimant’s claim of unfair dismissal is dismissed upon withdrawal. Third Claimant – Leah Hockings[12]The third claimant’s claim of unauthorised deduction of wages contrary to section 13 of the Employment Rights Act 1996 is well-founded and succeeds against the first respondent.[13]The first respondent, Serenity H2O Ltd, shall pay Leah Hockings the sum of £3,848.60 (this is a net sum) in respect of unauthorised deductions of pay for the period December 2021 to 31 March 2022.[14]The first respondent, Serenity H2O Ltd, shall pay Leah Hockings the sum of £1,541.66 (this is a net sum) in respect of unauthorised deductions of pay for the KIT days worked whilst she was on maternity leave.[15]The first respondent, Serenity H2O Ltd, shall pay Leah Hockings the sum of £106.14 (this is a net sum) in respect of unauthorised deductions of pension contributions.[16]The third claimant’s claim for failure to pay for holidays accrued but not taken is well-founded and succeeds against the first respondent.[17]The first respondent, Serenity H2O Ltd, shall pay Leah Hockings the sum of £3,915.00 (gross before deduction of income tax and National Insurance) for the failure to pay for holidays accrued but not taken.[18]The third claimant’s claim of breach of contract (failure to pay notice pay) is well founded and succeeds against the first respondent.[19]The first respondent, Serenity H2O Ltd, shall pay Leah Hockings the sum of £3,038.33 (gross before deduction of income tax and National Insurance) for the failure to pay notice pay.[20]The third claimant’s claim of unfair dismissal is dismissed upon withdrawal. Fourth Claimant – Robert Brand[21]The fourth claimant’s claim of unauthorised deduction of wages contrary to section 13 of the Employment Rights Act 1996 is well-founded and succeeds against the second respondent.[22]The second respondent, Hamilton Facilities Management Ltd, shall pay Robert Brand the sum of £7,258.75 (gross before deduction of income tax and National Insurance) in respect of unauthorised deductions of pay for the period December 2021 to 30 April 2022).[23]The second respondent, Hamilton Facilities Management Ltd, shall pay Robert Brand the sum of £121.75 (gross before deduction of income tax and National Insurance) in respect of unauthorised deductions of pension contributions.[24]The fourth claimant’s claim for failure to pay for holidays accrued but not taken is well-founded and succeeds against the second respondent.[25]The second respondent, Hamilton Facilities Management Ltd shall pay Robert Brand the sum of £2,004.75 (gross before deduction of income tax and National Insurance) for the failure to pay for holidays accrued but not taken.[26]The fourth claimant’s claim of breach of contract (failure to pay notice pay) is well founded and succeeds against the second respondent.[27]The second respondent, Hamilton Facilities Management Ltd shall pay Robert Brand the sum of £1,471.75 (gross before deduction of income tax and National Insurance) for the failure to pay notice pay.[28]The fourth claimant’s claim of unfair dismissal is dismissed upon withdrawal.