Mr L Lane v Pipeline Drain Solutions Ltd: 3205539/2022
JUDGMENT
[1]The Respondent unlawfully deducted the sum of £385.70 due in respect of a payment in lieu of accrued but untaken annual leave from the Claimant’s final instalment of wages payable on 26 August 2022. The said sum being calculated as follows:a. Annual leave accrued from 29 March 2022 to 30 June 2022 (on the basis of a 3 day week = 94 days/365 x 5.6 (weeks’ annual allowance) x 3 days = 4.326 daysb. Annual leave accrued from 1 July 2022 to 2 August 2022 (on the basis of a 5 day week) = 33 days/365 x 5.6 (weeks’ annual allowance) x 5 days = 2.531 days.c. Less 2 days taken and paid leaving a balance of 4.326 + 2.531 – 2 = 4.857 days accrued but untaken.d. The daily rate of pay being £100.00 giving the total due of £485.70e. Less the sum of £100 lawfully deducted in respect of items of property not returned by the Claimant.f. The balance due being £385.70 Case Number: 3205539/2022[2]The Respondent is ordered to pay the Claimant the sum of £385.70 in wages.[3]The Claimant’s claim for notice pay brought pursuant to the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 is dismissed