Miss D Smith v Dunwin Stores Ltd: 3330772/2018
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claimant’s complaints of unpaid wages, breach of contract, and holiday pay succeed.[2]Any remedy to which the claimant is entitled will be determined at a Remedy Hearing for which one hour has been allocated at 10:00am on Monday 17 December 2018 at Watford Employment Tribunal, 51 Clarendon Road, Watford, WD17 1HP. Employment Judge Bedeau _____________________________ Date: 24/09/18[1]The claimant’s claims are upheld and the respondent is ordered to pay to the claimant the following sums: 1.1. In respect of arrears of pay between 1 April and 20 April 2018 inclusive, £1,020.00. 1.2. In respect of one months’ notice pay running from 21 April 2018 £1,473.33. 1.3. In respect of four days accrued holiday £150.55.[2]The above total £2,643.88. The above sums are ordered to be paid gross, as the claimant is no longer employed by the respondent, the position in relation to deductions is therefore uncertain.[3]The respondent is at liberty to deduct and account for tax and National Insurance and to pay the balance to the claimant, provided that when making payment it sends to the claimant verification of having accounted for tax and National Insurance. If it fails to send such verification, the entire gross sum is due and payable.[4]The respondent is ordered to pay to the claimant the following further sums: - Case Number: 3330772/2018 2 4.1. In respect of deductions from the claimant’s pay for alleged indebtedness £1,250.00. 4.2. Reimbursement of the claimant for having paid a supplier out of personal funds £394.96. 4.3. Reimbursement of the claimant for having paid wages to another employee out of personal funds £262.50.[5]The above sums total £2,013.73 and are payable in full.[6]The grand total sum payable under this Judgment is £2,643.88 + £2,013.73, a grand total therefore of £4,657.61.