Ms M White v Too Creme de Coffee Ltd and Ms L O’Keefe: 6004668/2025
JUDGMENT
[1]Judgment was given on 31 July 2025 in favour of the claimant for holiday pay in the sum of £400.73. That judgment should also have included other sums. They were omitted on the understanding that they had already been dealt with by separate order. They are now included in this Judgment because it is in the interests of justice to vary the previous Judgment, as set out below.[2]The other sums claimed relate to:(a) unpaid wages,(b) failure to provide a written statement of employment particulars, and(c) an increase for failure to comply with the ACAS Code of Practice.[3]In response to a request from the Tribunal for clarification, the claimant confirmed on 13 June 2025 that she was owed wages of £1,627.45. That sum is not contested and is therefore also due.[4]The claim form did include a claim in relation to failure to provide a written statement of employment particulars. Having succeeded in the claim for unlawful deduction from wages, additional compensation may be awarded under s.38 Employment Act 2002.[5]According to the claim form the claimant was paid £13.50 per hour and worked 35 hours a week, a total of £472.50 gross per week.[6]Two weeks’ pay are awarded for that failure. Although four weeks pay may be awarded where it is just and equitable, there is no obvious basis for an increase. Case Number: 6004668/2025 The employment was for only two months and previously no statement was due in that period. Two weeks pay amounts to £945.00[7]An increase can be applied for failure to comply with the ACAS Code of Practice. The power to increase awards is given by s.207A Trade Union and Labour Relations (Consolidation) Act 1992. S.207A(1) provides that the relevant jurisdictions are listed at Schedule A2 to that Act. That includes section 23 of the Employment Rights Act 1996 (unauthorised deductions and payments).[8]The claimant has provided some evidence of complaining about unpaid or late payment of wages. These are contained in various messages, none of which use the word ‘grievance’ or ask that the matter be dealt with as a formal grievance. In those circumstances, no additional sum is ordered on this basis.[9]Accordingly, the previous judgment is varied so that the sums due to the claimant from the first respondent are as follows:(a) holiday pay £400.73(b) unpaid wages £1,627.45(c) failure to provide a statement of terms and conditions £945 Total £2,973.18[10]As before, the claim against second respondent is dismissed.[11]This award for holiday pay and unlawful deduction from wages falls within the definition of earnings at section 62 of the Income Tax (Earnings and Pensions) Act 2003. Accordingly, the respondent is obliged to treat it as wages and to account to HMRC for any tax and national insurance over the period of the claimant’s employment. The net amount is to be paid directly to the claimant.