Miss N Ambersley v Aaqua Ltd: 3205258/2022
JUDGMENT
[1]The name of the respondent is amended to Aaqua Limited. Service of the claim on the respondent is dispensed with, as the original claim was served at its registered office.[2]The claimant was paid £65,000.00 gross per annum, which is £5,416.66 per calendar month; £1,250.00 per week; or £250.00 per day – all gross figures. The claimant worked five days per week.[3]The claimant’s claim of unauthorised deduction of wages contrary to section 13 of the Employment Rights Act 1996 is well-founded and succeeds. The respondent will pay the claimant £3,250.00 (gross before deduction of income tax and National Insurance), being 13 days’ pay from 1 August 2022 to 17 August 2022 at £250.00 per day gross.[4]The claimant’s claim of unauthorised deduction of wages (failure to pay accrued holiday pay) is well-founded and succeeds. The claimant was employed from 7 March 2022 to 17 August 2022 and accrued 17.6 days’ holiday in that period. She took five days’ holiday leaving a balance of holidays accrued but untaken of 12.6 days’ holiday. The respondent will pay the claimant £3,150.00 (gross before deduction of income tax and National Insurance), being 12.6 days at £250.00 per day gross. Case Number: 3205258/2022[5]The claimant’s claim of unauthorised deduction of wages (failure to pay pension contributions) is well-founded and succeeds. The claimant was entitled to a contribution towards her pension fund of 2% of salary. The respondent will pay the claimant £65.00 (gross before deduction of income tax and National Insurance), being 2% of the unpaid wages in August 2022.[6]The claimant’s claim of breach of contract (failure to pay notice pay) contrary to Article 4 of the Employment Tribunals Extension of Jurisdiction (England & Wales) Order 1994 is well-founded and succeeds. The claimant’s contractual entitlement to notice was one month. She was given no notice. The respondent will pay the claimant £5,416.16, being one month’s pay (gross before deduction of income tax and National Insurance).[7]The total payable by the respondent to the claimant is £11,881.16 (gross before deduction of income tax and National Insurance).