Miss Z Vint v Greans (West Haddon) Ltd: 3329118/2017
JUDGMENT
[1]The respondent made unlawful deductions from the claimant’s wages in the sum of £540 (gross).[2]The respondent failed to pay the claimant her accrued and outstanding holiday pay in the sum of £330 (gross).[3]The respondent failed to pay the claimant’s notice pay having dismissed her in breach of contract, for which the claimant is awarded damages of £112.[4]The claimant is awarded interest on the above sums in the total amount of £37.40.[5]The respondent failed to provide the claimant with a written statement of her terms and conditions of employment and is ordered to pay the claimant the lower (2 weeks) rate of compensation in the sum £224. The total due from the respondent to the claimant is therefore £1,243.40.REASONS
[1]This matter came before me today for a final, full merits hearing. The claimant had submitted a statement and supporting documents, and gave evidence confirming her statement. The claimant said that she had worked and had not been paid for some 72 hours between 18 August and Case Number: 3329118/2017 4 September 2017 inclusive. Working on pub cleaning, working in the bed and breakfast business and working in the bar.[2]The respondent said that these were higher than the claimant’s normal weekly hours of work but accepted that from time to time when the premises where the claimant worked (The Crown, Northampton) she would work more than her normal 15-hour week.[3]The system for processing wages was that Mr Hextall (the claimant’s partner and the manager of the public house) submit hours worked for the staff (including the claimant) to Mr Robertson who in turn arranged for the accountant to prepare payslips and determine the amounts due to each member of staff including the claimant.[4]It was not in dispute that this had not happened for the period for which the claimant made her claim for unpaid wages.[5]The respondent had no evidence to dispute the hours worked.[6]The respondent had no evidence to dispute the total due to the claimant by way of untaken and accrued holiday pay.[7]The respondent admitted that the claimant was dismissed without notice and accordingly in breach of her contract of employment, and that they had failed to provide a written statement of the claimant’s terms and conditions of employment.[8]The respondent is a small business and the appropriate rate of compensation for a failure to provide terms and conditions of employment is 2 weeks, rather than 4 weeks.[9]Accordingly, the claimant’s claims succeed in the sums set out in the Judgment above.