Mr G Sawyer v GMAE Ltd: 3302923/2018
JUDGMENT
I. The complaint for an unlawful deduction from wages succeeds. The respondent is ordered to pay compensation to the claimant in the sum of £750.28. II. The claimant’s claim for a payment in respect of accrued holiday outstanding on termination of employment, has not been substantiated.REASONS
[1]The claimant commenced employment with the respondent on 9 September 2013, and was employed to 8 September 2017. The claimant worked 5 days per week.[2]The claimant was paid a monthly wage of £2032.04.[3]The claimant worked from the 1 September to 8 September 2017, but has received no payment.[4]The claimant worked overtime of 16 hours, for the month of August, and notified the respondent of the same on 31 August 2017, by text, as was the custom and practice, but has received no payment.[5]The claimant having worked 6 days at a daily wage of £93, was entitled to a wage of £562.72. Case Number: 3302923/2018[6]The claimant having worked overtime of 16 hours, was entitled to a wage of £187.56[7]The respondent failed to pay the claimant the sum of £750.28, which was payable as wages in respect of work performed in the month of August to the 8 September 2017.[8]The respondent’s failure to pay that sum to the claimant was an unlawful deduction from the claimant’s wages contrary to section 13 of the Employment Rights Act 1996.[9]The respondent is accordingly ordered to pay compensation to the claimant in the sum of £750.28.