R Holness Fairhurst v Two Doors One T Ltd: 3201097/2024
JUDGMENT
UPON Hearing the Claimant AND UPON considering the documentary evidence.[1]The Claimant’s claim for unlawful deduction from wages accrued between 1 February and 23 February 2024 and falling due on 28 February 2014 is well founded and succeeds.[2]The Respondent deducted the sum of £702 from the Claimant’s wages due on 28 February 2024. The said sum being calculated as 6 shifts of 9 hours = 54 hours at an agreed hourly fate of £10.18 basic + £2.72 contractual service charge = £13.00 per hour. 54 x £13 = £702.00.[3]The Claimant’s claim for accrued but untaken annual leave brought pursuant to Regulation 30 of the Working Time Regulations 1998 is well founded and succeeds.[4]The Claimant worked without taking any paid annual leave from 11 October 2023 to 23 February 2024 which is 136 days. She therefore accrued 136/365 x 5.6 weeks of annual leave = 2.086 weeks. The Claimant worked for a total of 151.12 in the 12 week period prior to 23 February 2024 an average of 12.6 hours per week. She was accordingly entitled to be paid 2.086 x 12.6 x of £10.18 basic + £2.72 contractual service charge = £13.00 per hour that is a total of £341.69. Case Number: 3201097/2024[5]The Claimant’s claim for damages for breach of contract, a failure to give any contractual notice, brought under the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 succeeds.[6]The Claimant was contractually entitled to 2 weeks’ notice. She was entitled to work for a minimum of 14 hours. Her hourly remuneration was fixed at of £10.18 basic + £2.72 contractual service charge = £13.00 per hour. The Claimant is entitled to 2 x 14 x £13.00 = £364.00 as damages for breach of contract.[7]The Respondent is ordered to pay the Claimant the sum of £702 (wages) £341.69 (in lieu of annual leave) and £364 as damages for breach of contract being a total of £1,407.69