Ms V Siwach v Gorbals Retail Ltd: 4103924/2023
JUDGMENT
[1]The claimant’s claim in respect of unpaid holiday pay succeeds, and the claimant is awarded the sum of One Thousand Six Hundred and Three Pounds and Sixty Pence (£1,603.60) which sum is expressed gross of tax and national insurance. It is for the respondent to make any deductions lawfully required to account to HMRC for any tax and national insurance due on the sums, if applicable only in respect of this sum awarded.[2]The claimant’s claim in respect of unlawful deduction of wages succeeds, and the claimant is awarded the net sum of Eight Hundred and Thirty Four Pounds and Sixty Pence (£834.60), and[3]In respect of the respondent’s failure to provide a written statement of employment particulars, the claimant is awarded the sum of Six Hundred and Sixty Six Pounds and Sixteen Pence (£666.16) in terms of s38 of the Employment Act 2002.[4]The remaining claims are dismissed. Oral reasons were given at the final hearing, no request for or written reasons having been made by a party at the hearing.