D Paszkiewicz-Godzik v Naeco Ltd (In voluntary liquidation): 3307793/2023
JUDGMENT
[1]The claimant’s claim of unauthorised deduction from wages is upheld.[2]The respondent is ordered to pay the claimant the sum of £2720.46 (net) within 14 days of the date that this order is sent to the parties.[3]The sum is calculated as follows:a. Net wages for March and April 2023, less £500 payment received by the claimant from the respondent.b. 2.6 days accrued and untaken holiday at a rate of £173.12 per day.REASONS
[1]The claimant attended the hearing in person. The respondent did not attend. The respondent company is in voluntary liquidation. The liquidators were notified of the date of the hearing.[2]The claimant had sent documents to the tribunal which were not before me at the hearing. I made a decision based on the information provided by the claimant orally which was detailed and cogent and which I had no reason to doubt.[3]The claimant said that she was paid late for her first month of work in February 2023. In March 2023 she received only £500. Because of this she Case Number: 3307793/2023 gave two weeks’ notice in April 2023, her last day of employment being 18 April 2023.[4]The claimant has other self-employed work and was able to access HMRC records which show that the respondent advised HMRC that she was paid £1384.98 net in March 23 and in April 23. She was not. She only received a payment of £500.[5]Using those figures and the holiday allowance set out in her contract, the claimant calculated that holiday pay was payable at £173.12 per day net. She calculated that she was due 2.66 days holiday on a pro rata basis.[6]The claimant’s wage was £40,000 per annum pro rata and she worked half time (i.e. an annual wage of £20,000).[7]The claimant contacted the respondent requesting payment of her wages and holiday pay but received no response.[8]On the basis of that uncontested evidence, I find that the respondent has, in breach of s13(1) Employment Rights Act 1996:a. unlawfully deducted a sum of £2269.96 from the claimant’s wages in that she was not fully paid for her work in March and April 2023.b. unlawfully deducted a sum of £450.50 in accrued but untaken holiday for her period of employment with the respondent from 1 February 2023 to 18 April 2023.