Mrs N Frost and Mrs M Schofield v DMJ Drainage Ltd: 2602413/2022 and 2602414/2022
JUDGMENT
[1]The claimants’ claims of unfair dismissal are each struck out for want of jurisdiction, the claimants having insufficient qualifying service to present such a claim and no exemptions to the requirement being advanced.[2]The claimants’ claims of unauthorised deductions from wages in respect of any entitlement to a “food allowance” fail and are dismissed.[3]The claimants’ claims of unauthorised deductions from wages in respect of wages paid on or around 24 June 2022 fail and are dismissed.[4]The claimants’ claims of accrued and outstanding holiday pay at the date of termination fail and are dismissed insofar as it is agreed each claimant was entitled to a payment of compensation equivalent to 8.8 days’ pay and that that sum was accurately accounted for in the claimants’ final payments due. Mrs Frost (the first claimant)[5]The first claimant’s claim of breach of contract (notice pay) succeeds. The respondent shall pay the first claimant damages in the sum of £628.36. Case Number 2602413/2022 & 2602414/2022[6]The first claimant’s claim of unauthorised deduction from wages in respect of wages paid on or around 2 September 2022 succeeds. The respondent shall pay the first claimant the net sum of £526.15 Mrs Schofield (the second claimant)[7]The second claimant’s claim of breach of contract (notice pay) succeeds. The respondent shall pay the first claimant damages in the sum of £625.96.[8]The first claimant’s claim of unauthorised deduction from wages in respect of wages paid on or around 2 September 2022 succeeds. The respondent shall pay the first claimant the net sum of £242.16