G Siaulyte v Vita Manufacture Ltd: 3315324/2023
JUDGMENT
[1]The complaint of unauthorised deductions from wages is well-founded.a. The respondent made an unauthorised deduction from the claimant's wages in the period September 2023 to September 2024 as follows. The claimant’s hourly rate was £11.45 gross: i. September 2023: 4 hours x £11.45 = £45.80 ii. October 2023 60 hours x £11.45 = £687.00 iii. November 2023 73 hours x £11.45 = £835.85b. The respondent shall pay the claimant £1,568.65, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance.[2]The complaint of unauthorised deductions for non-payment of pension contributions is well founded.a. The respondent made an unauthorised deduction from the claimant's wages by deducting the following amounts for the period August 2023 to November 2023 which were not received by the pension provider: i. August 2023 £73.11; ii. September £93.72; iii. October £144.10; and Case No: 3315324/2023 iv. November £184.31.b. The respondent shall pay the claimant £495.24, which is the net sum deducted.c. The respondent deducted monthly employer pension contributions for the period July 2023 to September 2024 at a monthly rate of £13.26 which were not received by the pension provider. The respondent shall pay the claimant £185.64, which is the net sum deducted.d. The respondent unlawfully deducted monthly employee pension contributions for the period July 2023 to September 2024 at a monthly rate of £17.68 which were not received by the pension provider. The respondent shall pay the claimant £247.52, which is the net sum deducted.[3]The complaint in respect of holiday pay is well-founded. The respondent made an unauthorised deduction from the claimant's wages by failing to pay the claimant for holidays accrued but not taken on the date the claimant’s employment ended.[4]The claimant is owed holiday pay from July 2023 to September 2024. The claimant’s annual entitlement is 112 hours, accrued on the first of each month, at a monthly rate of 9.3 hours per month. The claimant is owed 139.6 hours of holiday pay at a gross rate of £11.45 per hour.[5]The respondent shall pay the claimant £1,598.42 which is the gross sum. The claimant is responsible for paying any tax or National Insurance.[6]Therefore, the respondent must pay the claimant a total amount of £4,095.47. APPROVED BY: