Miss O Job and Others v Theobalds Park Op Co Ltd (in administration) and The Secretary of State for Business and Trade: 3303698/2024 and Others
JUDGMENT
[1]Each of the claimants was an employe of the first respondent within the meaning of s.230(1) Employment Rights Act 1996. Alternatively, each of the claimants was a worker of the first respondent within the meaning of s.230(3)(b) ERA 1996. Wages[2]Each complaint of unauthorised deductions from wages against the first respondent is well-founded. The first respondent made an unauthorised deduction from each of the claimant's wages in the period 16 October 2023 – 19 November 2023.[3]The first respondent shall pay the claimants the sums set out below, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance.3.1 Miss Job - £2,782.543.2 Mr Flynn - £1,931.523.3 Mr Georgiou - £1,206.003.4 Mrs Didkovska - £2,028.653.5 Mrs Decaro - £2,337.11 Holiday Pay[4]Each complaint in respect of holiday pay is well-founded. The first respondent failed to pay the claimants set out below in accordance with regulation 14(2) and/or 16(1) of the Working Time Regulations 1998.[5]The first respondent shall pay the individual claimants the sums set out below. The claimant is responsible for paying any tax or National Insurance.5.1 Miss Job - £1,298.825.2 Mr Georgiou - £1,122.405.3 Mrs Decaro - £422.79 Notice Pay[6]Each complaint of breach of contract by the first respondent in relation to notice pay is well-founded in respect of the claimants set out below.[7]The respondent shall pay the individual claimants the sums set out below as damages for breach of contract by failing to give them one week’s notice of termination of employment. This figure has been calculated using gross pay to reflect the likelihood that the claimant will have to pay tax on it as Post Employment Notice Pay.7.1 Miss Job – £497.457.2 Mr Georgiou - £367.50 Redundancy Payment[8]Mrs Didkovska’s complaint that the first respondent failed to pay her a redundancy payment is struck out on the ground that she accepts she was not employed for two years or more prior to the termination of her employment as is required by s.155 of the Employment Rights Act 1996 in order to have a right to a redundancy payment. Recoupment[9]The Recoupment Regulations do not apply. Approved By: Employment Judge Connolly On: 23 May 2025 25 June 2025 Note Reasons for the judgment were given orally at the hearing. Written reasons will not be provided unless a party asked for them at the hearing or a party makes a written request within 14 days of the sending of this written record of the decision.