Miss J Jackson v Mr D Clarke T/a The Polly Tearooms: 6003068/2025
JUDGMENT
[1]The complaint of unauthorised deductions from pay contrary to Part II Employment Rights Act 1996 in relation to basic pay is well founded. The Respondent made unauthorised deductions from the Claimant’s basic pay in respect of the period 01 September 2024 to 05 October 2024 in the sum of £144.23 net. As this amount has subsequently been paid there is no order for payment.[2]The complaint of failure to pay holiday pay under Regulation 30 Working Time Regulations 1998 is well founded. The Respondent failed to pay statutory holiday pay accrued and owing at the date of termination of employment in the sum of £281.36. As this amount has subsequently been paid there is no order for payment.[3]The complaint of unauthorised deductions from pay contrary to Part II Employment Rights Act 1996 in relation tips and gratuities is well founded. The Respondent made unauthorised deductions from the Claimant’s pay in relation to tips and gratuities in respect of the period 01 September 2024 to 05 October 2024 in the sum of £150 gross. As the sum of £50 has subsequently been paid the Respondent is ordered to pay the Claimant the balance of the sum due, this being £100 gross.[4]At the date the claim was presented the Respondent had failed to issue the Claimant with a statement of particulars of employment under s.1 Employment Rights Act 1996. Accordingly, the Tribunal makes an 10.7 Judgment Case No: 6003068/2025 award to the Claimant of two weeks’ gross pay pursuant to s.38 Employment Act 2002.The Respondent is ordered to pay the Claimant the sum of £849.12 (2 x £424.56).