Mrs W Szczepanik v James Marshall (T/a Myford Stuff): 2601556/2021
JUDGMENT
[1]The claimant has suffered an unlawful deduction from wages, during her employment, in March 2021, and the respondent is ordered to pay the claimant £122.08 in respect of those wages.[2]The claimant did not commit repudiatory breach of contract which allowed the respondent to summarily dismiss her, and so she is owed a week’s pay in lieu of notice in the sum of £122.08.[3]The claimant has not been paid accrued but outstanding holiday pay and is owed the sum of £95.92 in respect of that owed holiday pay.[4]The claimant was never sent any particulars of employment and did not have a statement of particulars during her employment. In the circumstances, it is just and equitable to award the higher amount of four weeks’ pay under section 38 Employment Act 2002. The respondent is ordered to pay the claimant £488.32.[5]Consequently, the respondent is ordered to pay the claimant the grand total of £828.40.