Mrs R Moore v J & Y Webber Services Ltd T/a Bluebird Care Lincoln (in voluntary liquidation): 6002126/2024
JUDGMENT
[1]The Respondent made unauthorised deductions from the Claimant’s wages and shall pay the Claimant the following sums:1.1 £365.25 wages for the period 1 to 7 February 2024; and1.2 £163.18 for holiday previously taken but underpaid.[2]If any tax and National Insurance are payable, the Claimant will be responsible for paying it.[3]The Claimant’s claim in respect of a reduction in her Universal Credit is dismissed on withdrawal by her, on the basis that I have today ordered the payment of the holiday pay that led to the reduction. If that holiday pay is not paid to her, she can inform the Universal Credit service of that.[4]I gave reasons for my decision at the hearing. In outline:4.1 The Claimant’s contract was a flexible contract for a minimum of 25 hours per week. It said expressly that 25 hours per week were guaranteed and would be paid. Previously when she had not worked a full 25 hours in a week, she had been paid for 25 hours in accordance with that contract. She made herself available for work between 1 and 7 February 2024, but her employer cancelled her return to work meeting and then did not respond to her communications. She was entitled to be paid for the guaranteed 25 hours in that week.4.2 The holiday pay was not payment for holiday that she had accrued but not taken when her employment ended, so no question of carrying leave 1 of 2 Case Number: 6002126/2024 forward from one year to the next arises. She had previously taken and been paid for holidays. Her employer realised that it had underpaid her for them, calculated the amount it still owed her, prepared a payslip setting out that amount, and wrongly told HMRC that she had been paid it. It never paid her for the underpayment of her holiday pay. These were therefore wages that were owed to her.