Ms S Beniuse v Integrated Mental Health Care Services Ltd: 3204564/2021
JUDGMENT
[1]The Claimant’s claim for unlawful deduction from wages is well founded and is allowed.[2]The Claimant’s claim for unpaid holiday pay is well founded and is allowed.[3]The Claimant has been awarded a total of £19,776.42 made up as follows: 3.1. Unpaid wages from 13/01/2021 to 29/09/2021, being 37 weeks at 38 hours per week at a pay rate of £12.00 per hour. The total of this element is £16,872.00 3.2. Unpaid accrued holiday for the holiday year 2021-2022, from 01/05/2021 to 29/09/2021, being 151 days, based on a 38-hour week and £12.00 per hour. Total £1,057.41. Case Number: 3204564/2021 2 3.3. Unpaid holiday pay, rolled over because of Covid, based on a 38- hour working week and £12.00 per hour. Total £1,848.00 Employment Judge Wilkinson 29 September 2021 Case Number: 3204564/2021 11.10 Judgment on reconsideration of judgment – hearing - rules 70 and 73 RM EMPLOYMENT TRIBUNALS Claimant: Ms S Beniuse Respondent: Integrated Mental Health Care Services Limited Heard at: East London Hearing Centre (on paper) On: 30/09/2021 Before: Employment Judge Wilkinson UPON APPLICATION made by email dated 29/09/2021 to reconsider the judgment dated 29/09/2021 under rule 71 of the Employment Tribunals Rules of Procedure 2013[1]The Tribunal being of the view that there is no reasonable prospect of the Judgment being varied or revoked, the respondent’s application for reconsideration is refused.[2]On 28/09/2021, Mr Burrell telephoned the Tribunal. He spoke to Mr Alan Martin to complain that his request for an extension of time had not been replied to. He gave him the telephone number xxxxx494 as his contact number.[3]On 28/09/2021, Ms Nadira Ferdous of HMCTS called Mr Burrell on the number given in his email, xxxxxxxx002, to inform him of the change to a dial-in hearing. There was no answer. She then called him on 29/09/21 on the number on Mr Martin’s file note, xxxxxxxx494. The person who answered confirmed he was “Mr Burrell”. He informed Ms Ferdous that he believed the hearing was in November and was told that it was that day, 29/09/2021. He then said he was not Paul Burrell and that she must have the wrong number.