Miss J Jablonska v DK Bathrooms and Kitchens Ltd: 3303423/2022
JUDGMENT
[1]The respondent unlawfully deducted from the claimant’s pay the sum of £2,548 gross (i.e. before the deduction of income tax and national insurance contributions, which will need to be deducted from that sum and paid to His Majesty’s Revenue and Customs (“HMRC”) by reason of the Income Tax (Pay As You Earn) Regulations 2003, SI 2003/2682) in respect of the claimant’s pay for February 2022, and the respondent is accordingly required to pay the claimant that sum minus those deductions.[2]The respondent failed to give the claimant a statement of her pay satisfying the requirements of section 8 of the Employment Rights Act 1996 in respect of the months of January 2021, April 2021, September 2021, October 2021, November 2021, December 2021, January 2022, and February 2022, the claimant having been employed by the respondent continuously throughout that period until 19 February 2022. There was before the tribunal on 12 July 2023 insufficient evidence about the precise figures which should have been in those statements and if the claimant wants a determination of the particulars which ought to have been included in those statements then she must state to the tribunal within 28 days of this judgment being sent to her those particulars which she claims should have been so included. Case Number: 3303423/2022[3]The respondent owes the claimant accrued holiday pay in respect of 16 days’ untaken holiday during 2021. The claimant was paid at the rate of £91 per day so the respondent owes the claimant the sum of £1,456.00 by way of accrued holiday pay minus the income tax and national insurance contributions deductible from that pay, for which the respondent will need to account to HMRC. Notes Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision.