Miss R Lambert v Leasowe Castle Hotel & Golf Resort Ltd: 6008247/2025
JUDGMENT
[1]The Respondent has failed to present a valid Response on time. The Employment Judge has decided that a determination can properly be made on the Claim, in accordance with rule 22(2) of the Employment Tribunal Procedure Rules 2024.[2]The complaint of unauthorised deductions from wages is well founded and succeeds. The Respondent made unauthorised deductions in respect of Claimant's basic salary for the period of December 2024. The Respondent shall pay the Claimant the sum of £344.00 which is the gross sum deducted, The Claimant is responsible for the payment of any tax or National Insurance.[3]The complaint in respect of holiday pay is well-founded. The Respondent failed to pay the Claimant in accordance with regulation 16(1) of the Working Time Regulations 1998. The Respondent shall pay the Claimant £103.20. The Claimant is responsible for paying any tax or National Insurance.[4]The complaints under regulation 30(1)(a)(i) of the Working Time Regulations 1998 in respect of failing to provide the Claimant with daily rest contrary to regulation 10(1) and (2) of the Working Time Regulations 1998 and rest breaks contrary to regulation 12(1) and (4) of the Working Time Regulations 1998 are well-founded. The Tribunal makes an award of compensation under regulation 30(3)(b) and (4) of the Working Time Regulations 1998. The Respondent shall pay the Claimant £547.45.[5]When the proceedings were begun the Respondent was in breach of its duty to provide the Claimant with a written statement of employment particulars. It is just and equitable to make an award of an amount equal to four weeks’ gross pay. In accordance with section 38 Employment Act 2002, the Respondent shall therefore pay the Claimant £276.16.[6]The Respondent must pay the Claimant £1270.81 in total. Approved