Ms Tara Ayres v PHC Homecare Ltd: 3327344/2017
JUDGMENT
[1]The complaints of unlawful deduction from wages and non-payment of holiday pay succeed. The respondent is ordered to pay compensation to the claimant in the total sum of £2,819.40.REASONS
[1]The claimant was employed by the respondent.[2]Having commenced employment on 18 January 2017 which employment was terminated on 27 July 2017.[3]The respondent failed to pay the claimant the sum of £1,905 which was payable as wages in respect of work performed between 22 June and 27 July 2017.[4]The respondent’s failure to pay that sum to the claimant was an unlawful deduction from the claimant’s wages contrary to s.13 of the Employment Rights Act 1996.[5]The respondent is accordingly ordered to pay compensation to the claimant in the sum of £1,905. 6. Case Number: 3327344/2017 Holiday pay[7]The claimant, whose employment with the respondent ended on 27 July 2017, was entitled under the Working Time Regulations to a payment in lieu of holiday pay on termination of employment. The claimant worked a fiveday week at a net weekly pay of £381.[8]The claimant was employed by the respondent for 27 weeks 1 day from 18 January 20017 to 27 July 2017 and had therefore earned 3 weeks’ holiday but had taken 3 days leave, leaving a balance of 2 weeks and 3 days for which no payment in lieu was made by the respondent.[9]The respondent is therefore ordered to pay compensation under regulation 30(5) of the Working Time Regulations in the sum of £914.40.[10]The respondent is accordingly ordered to pay the total sum in compensation to the claimant of £2,819.40.