Mr J Szczepanski v SLM Rescue Services Ltd: 3300470/2024
JUDGMENT
[1]The respondent has made unauthorised deductions from the claimant’s wages and the respondent is ordered to pay him the following sums: 1.1. The gross sum of £3,525 (subject to tax and National Insurance). 1.2. The tax free sum of £126. 1.3. The net sum payable to the claimant is to be subject to the following deductions:(a) £1,166.66 – already paid(b) £108 – car repairs(c) £15.80 – Pizza[2]The respondent has failed to pay the claimant’s accrued holiday entitlement and the respondent is ordered to pay him the gross sum of £401.90 (subject to tax and National Insurance).REASONS
[1]The claimant worked for the respondent between 5 August 2023 and 14 September 2023.[2]I have been shown a letter of appointment dated 4 August 2023. Mr Hobbs gave evidence that the letter was handed to the claimant and a copy left on the seat in the van when he went to pick it up on 5 August 2023. I find that the claimant probably was given a copy of that letter of appointment.[3]The claimant was to be paid £130 for a driving day and £65 for a waiting around day. In addition, the HMRC night out allowance of £25.20 was payable free of deductions for those days when a hotel was not or could not be provided by the company. The letter of appointment expressly states:- “For avoidance of doubt payment is made for days worked ONLY and payments are subject to Income Tax and National Insurance deductions.”[4]Accordingly, I find that pursuant to the claimant’s contract of employment he was not entitled to be paid for days not worked.[5]Going from the spreadsheets, there is a large measure of agreement as to what sums were earned by the claimant. The total earnings calculated by the respondent come to £3,120. I find that the claimant also worked on 5 August - driving, 12 August - waiting, and 24 August - driving. That would add £325 onto the claimant’s earnings and accordingly I find that the claimant earned £3,445. To that is to be added the £80 car delivery bonus. Accordingly, I find that the claimant earned a total of £3,525 gross (subject to tax and national Insurance).[6]The claimant has claimed waiting time for the period 13 – 23 August 2023. The claimant accepted that he was at home in Manchester at the time and not working. I find that he is not entitled to be paid for those days.[7]The claimant accepted that on all but five of the days he worked hotels were provided for him and he stayed in them. Accordingly, I find that the claimant is entitled to five days tax free allowance at the rate of £25.20 per day = £126 (tax free).[8]The net sums payable to the claimant are to be subject to the following deductions:8.1 £1,166.66 – already paid to him.8.2 £108 – for car repairs8.3 £15.80 – for a pizza[9]The claimant was employed for six weeks. His holiday entitlement was 28 days per year. @ 2.33 per month the claimant had accrued a holiday entitlement of 3.5 days. The claimant worked on 30 days. £3,445 ÷ 30 = £114.83. 3.5 x £114.83 = £401.90. Employment Judge Alliott Date: 01/07/2024 N Gotecha Recording and Transcription Please note that if a Tribunal hearing has been recorded you may request a transcript of the recording, for which a charge may be payable. If a transcript is produced it will not include any oral judgment or reasons given at the hearing. The transcript will not be checked, approved or verified by a judge. There is more information in the joint Presidential Practice Direction on the Recording and Transcription of Hearings, and accompanying Guidance, which can be found here: https://www.judiciary.uk/guidance-and-resources/employment-rules-and-legislation-practicedirections/ CERTIFICATE OF CORRECTION Under Rule 67, the judgment sent to the parties on 14 August 2024, is corrected as set out in block type: Claimant Mr Jedrzej Szczepanski of the corrected judgment. Approved by: Employment Judge Alliott 31 March 2025 31 March 2025 ...................................................................... Claimant’s name corrected pursuant to Rule 67 Employment Tribunal Rules 2024. Important note to the Claimant(s) and Respondent(s): Any dates for asking for written reasons, applying for reconsideration or appealing against the judgment are not changed by this certificate of correction and corrected judgment. These time limits still run from the date the original judgment or reasons were sent, as explained in the letter that sent the original judgment.