Miss M S Fazil v Phoenix Care (UK) Ltd: 3307133/2018

EMPLOYMENT TRIBUNALS

Case No 3307133/2018

Between

Miss M S FazilClaimant

Phoenix Care (UK) Limited RULE 21 JUDGMENT MADE PURSUANT TO RULE 21 OF THE EMPLOYMENT TRIBUNALS RULES OFRespondent

Before

Employment Judge Gumbiti-Zimuto Date

Date 26 September 2018

JUDGMENT

[1]The respondent has made an unauthorised deduction from the claimant’s wages. The respondent is ordered to pay to the claimant £2587. This is the gross amount. If the respondent pays the tax and national insurance due to HMRC, payment of the net amount will meet the judgment debt.

[2]The respondent failed to pay the claimant in lieu of entitlement to annual leave. The respondent is ordered to pay to the claimant the sum of £597.30.

[3]The respondent is ordered to pay to the claimant the sum of £1956.00 pursuant to section 38 Employment Act 2002. This is the higher amount specified in section 38(4) and subject to the limit imposed by section 38(6).

[4]The claimant’s claim in respect of non-payment of sleep in hours in the sum of £240 is stayed pending the outcome of the decision in Mencap v Tomlinson-Blake

[2018] EWCA Civ 1641