G Shode v Adwell Care Ltd T/a Adwell Supported Living: 3311575/2020
JUDGMENT
[1]The claim for breach of contract (payment in lieu of notice) is in part well founded and succeeds.[2]The claim for unauthorised deduction from wages (Holiday Pay) is in part well founded and succeeds.REASONS
[3]The respondent has today conceded that payment in lieu of notice was wrongly calculated on the basis of £8.80 per hour instead of £10 per hour and the claimant was under paid by £42.[4]The respondent has today conceded that the claimant had accrued holiday of 15.62 hours for which he ought to have been paid £156.20 on date of termination (28 May 2020). Case Number: 3311575/2020 (V)[5]On date of termination (28 May 2020) the claimant was underpaid by £198.20.[6]The claimant was overpaid the sum of £100 in respect of a shift worked on 18 April 2020. On that date the claimant was agency staff and was paid for the shift through the agency that employed him. He was then paid again in error for that shift when he became a direct employee of the respondent. The respondent is therefore entitled to recover that over payment from the sums outstanding to the claimant.[7]The respondent will pay the claimant the total sum of £98.20. [(£42 + £156.20) - £100 = £98.20][8]I have today seen a confirmation of payment from Barclays bank of the sum of £98.20 paid by the respondent to the claimant on today’s date namely 20 May 2021.[9]If on or before 30 June 2021 no party has applied for the case to be restored to the list for hearing this judgment shall stand without further order.