Miss C Bourreau v Caramel Holdings Ltd: 4100298/2020
JUDGMENT
No response has been presented to this claim and an Employment Judge has decided to issue the following judgment on the available material under rule 21:[1]The respondent has made an unauthorised deduction from the claimant’s wages and is ordered to pay the claimant the sum of £127.50 (One Hundred and Twenty Seven Pounds and Fifty Pence) in respect of unpaid wages for week starting 11 November 2019.[2]The hearing listed for 1 April 2020 will determine remedy for the for the unpaid holiday pay complaint. An order for further information has been issued under separate cover to the claimant. Employment Judge: Ian McPherson Date of Judgement: 03 March 2020 Entered in register: 05 March 2020 And copied to parties ETZ4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4100298/2020 Held in Edinburgh on 22 September 2020 Employment Judge A Jones Miss C Bourreau Claimant In Person Caramel Holdings Ltd Respondent Not present and not represented[5]Hearing 3. A hearing took place remotely on the Cloud Video Platform. The claimant appeared in person. An interpreter had been engaged to provide interpretation services to the Tribunal from English to French. 4. The Tribunal heard evidence from the claimant. The Tribunal heard that the claimant had worked for the respondent for 1 year and eleven months. She was not issued with a written contract of employment. When she resigned her employment, she was informed by the respondent that she would be paid all 15 outstanding sums due to her. 5. The claimant corresponded with the respondent but received no response to her request for payment of outstanding sums. 20 6. The claimant showed the Tribunal a series of text messages between her, the Chef employed by the respondent and her boss, Lesley. These related to the claimant’s entitlement to annual leave. The text confirmed that the claimant was entitled to 16 days’ leave. The Tribunal heard that these texts were dated 7 November 2019.[7]The claimant believed that the leave year was the calendar year but she was not entirely sure about this.[8]The claimant also indicated that she was not insisting on her claim in relation to 30 tips which she believed were still due to her. She explained that she had no proof as to what sums were due to her in this regard and therefore simply wished to focus on her claim in relation to holiday pay. 410 0298/2020 Page 3[9]The claimant confirmed that she was normally paid £8.50 per hour and normally worked 8 hour shifts. She therefore believed that she was due 16 days of pay at £68 per shift , which was a total of £1088 gross.[10]The Tribunal concluded on the basis of the evidence before it, that the claimant 5 had been entitled to 16 days leave at the date of her employment. The respondent’s failure to pay the claimant in lieu of such leave amounted to an unlawful deduction from her wages contrary to section 13 Employment Rights Act 1996. The respondent is therefore ordered to pay to the claimant the gross sum of £1088.