S Weldon v L D Crosbie: 3309725/2023
JUDGMENT
[1]The claimant’s claim of unauthorised deductions from wages in the sum of £231.00 is upheld.[2]The sum is calculated as follows:a. 9 July 2023 – 11 hours of work at £11 per hour = £121b. 11 July 2023 – 10 hours of work at £11 per hour =£110.[3]The claimant’s claim for unpaid holiday pay is dismissed.[4]The respondent is ordered to pay the sum of £231 (less any deductions for tax and national insurance) to the claimant within 14 days from the date that this judgment is sent to the parties.REASONS
[1]The respondent did not file a response to this claim, nor did she attend the hearing. The claimant gave evidence on oath. No documents were filed but the claimant showed some documents to me at the hearing.[2]The claimant was employed as a chef at the Raven public house from 1 May 2023 to 11 July 2023. She was employed directly by the respondent but had no contract of employment and did not receive wage slips. Her pay was Case Number: 3309725/2023 subject to deductions for tax and national insurance. All terms and conditions were verbal.[3]The respondent left the Raven on 11 July 2023 at which time the claimant says she ceased to be employed by the respondent. The respondent then commenced work at the Nags Head public house and is still at that establishment to the best of the claimant’s knowledge.[4]The claimant did not receive payment for her work in the final week. She contacted the respondent to ask for her wages, but they were not received. The claimant showed me her email to the respondent asking for her wages, dated 1 August 2023. The claimant also showed me her bank account into which other wages had been paid. The entries were payments from L Crosbie with a reference of ‘The Raven’.[5]I concluded from that uncontested evidence that the respondent was the employer of the claimant and had unlawfully deducted the sum of £231 firm the claimant’s wages in breach of s13(1) Employments Rights Act 1996.[6]The claimant claimed holiday pay for 14 days. She said that she had taken some holiday and been paid for it but had not been paid for other holiday. She was employed for just over two months. The claimant was unsure of how many days holiday she was entitled to. She was unable to tell me how much she had taken or how much she was owed. I offered the claimant the chance to have a short adjournment so she could gather the information, but she told me she would not be able to provide that information. Without it I could not make a decision about whether there was holiday pay accrued and outstanding at the time the claimant’s employment ended and I therefore dismissed the claim for holiday pay.