Case No 4102230/2020Venue EdinburghHearing 24th of August 2020
Between
Ms J CampbellClaimantAudrey ThorburnRespondent
Before
Employment Judge J G d’InvernoDate 9 September 2020
JUDGMENT
The Judgment of the Employment Tribunal issued in terms of sections 8, 11, 12(1), 12(2), 12(3) and 12(4) of the Employment Rights Act 1996 (“ERA”) is:- (First) That the respondent having failed to provide the claimant with written itemised pay statements, including statements of fixed deductions, for all but one two week period, over the course of her employment with the respondent in the period 7th December 2019 up to and including 21st January 2020, the claimant is entitled to a declaration and determination of the particulars which ought to have been included in her itemised pay slips and the respondent is hereby deemed, in terms of section 12(1) of the ERA, to have given the claimant statements in which particulars were included as follows:- ETZ4(WR) Missing Pay Hours Gross Tax Code Deductions Net Pay Period Worked Amount Payment Statement and Hourly Rate of Pay 1 7th to 13th 34 £279.14 NT Tax nil Net December hours x National amount 2019 £8.21 Insurance £272.15£1.31 NEST (pens) £5.58 Total Deductions £6.99 2 14th to the 59.5 £488.50 S1250Lw1m1 Tax £452.16 27th hours x £1.33 December £8.21 NI 2019 £18.78 Pay NEST statement £10.10 provided Overpayment therefore £6.13 not the Total subject of Deductions a £36.34 declaration 3 28th 68 £558.28 NT Tax nil £524.04 December hours x NI 2019 to £8.21£23.07 10th NEST January £11.17 2020 Total Deductions £34.24 4 11th 41 £336.61 NI Tax nil £329.88 January hours x NI nil 20 to 20th £8.21 NEST January £6.73 20 Total Deductions £6.73 5 21st of 8.5 £69.79 NT Tax nil £68.39 January hours x NI nil 2020 £8.21 NEST £1.49 Total Deductions £1.49 (Second) The claimant was entitled to be paid at a contractual rate of £8.50 per hour against which entitlement the respondent paid the claimant at the rate only of £8.21 per hour for the total of 170 hours worked by her during the course of her employment. (Third) In the period 7th December 2019 up to and including 21st January 2020 the respondent made an unnotified and unauthorised deductions from the claimant’s wages in the total sum of £49.30 being (29 pence x 170 hours) contrary to the provisions of section 13 of the Employment Rights Act 1996 and in breach of the claimant’s Contract of Employment and the Tribunal Orders the respondent in terms of section 12(4) to pay to the claimant forthwith the sum of £49.30 (FORTY NINE POUNDS AND THIRTY PENCE) being an amount equivalent to the deduction.
REASONS
[1]This case in which the respondent had failed to enter appearance called for undefended Final Hearing by Telephone Conference at Edinburgh on the 24th August 2020.[2]The claimant participated on her own behalf and gave evidence on oath which the Tribunal accepted as both credible and reliable.[3]On the evidence presented the Tribunal found that the respondent had, with the exception of the period 14th to 27th December 2019, had failed to provide the claimant with written itemised pay statements including statements of fixed deductions during the period of her employment.[4]That the claimant was entitled to a declaration to that effect and a determination of the relevant particulars of the detailed amounts which should have appeared on her wage statements in the terms recorded by the Tribunal at paragraph (Second) of its Judgment of 2 September 2020 all in terms of sections 8, 11 and 12 of the ERA.[5]That whereas the claimant was entitled to be paid at a contractual hourly rate of £8.50 the respondent had, throughout her employment of 170 hours worked, paid her only at the rate of £8.21; and accordingly, that the respondent had made an unauthorised and unnotified deduction from the claimant’s wages contrary to the provisions of section 13 of the Employment Rights Act 1996 in the total sum of 170 hours x 29 pence = £49.30 and that the respondent be ordered to pay to the claimant forthwith a sum equivalent to that deduction.