Ms K Pole v Ms C Bajwa: 3308843/2022

EMPLOYMENT TRIBUNALS
Case No 3308843/2022
Ms K PoleClaimantMs C BajwaRespondent
Employment Judge Alliott (siting alone)In person for claimantIn person for respondentDate 8 March 2023

JUDGMENT

[1]The respondent has made unauthorised deductions of wages and/or is in breach of contract and is ordered to pay the claimant the gross sum of £175.48

REASONS

[1]Although the response has been rejected, I allowed the respondent to participate and make representations.[2]The respondent asserts that the claimant’s contract of employment was terminated in December 2021 with a month’s notice, expiring at the end of January 2022. The claimant told me she was paid to the end of January 2022.[3]Thereafter the respondent told me the claimant worked as a ‘freelance’ groom. Under her contract of employment, the claimant was paid the apprentice rate of £4.30 per hour. As a ‘freelance’ she would be entitled to the development rate for 18–20-year-olds of £6.56 per hour. In the circumstances I am prepared to accept the respondent’s position as it is to the benefit of the claimant. Case Number: 3308843/2022[4]The claimant worked 3 1/2 days from 1-4 February 2022, 26.75 hours. I accept that she was not paid. Consequently, I find that the respondent has made unauthorised deductions from the claimant’s wages and/or is in breach of contract. 5. 26.75 x £6.56 = £175.48.[6]The claimant confirmed she was making no claim for statutory sick pay, holiday pay or notice pay.