Mr R Gurtler v Adam Leisure Ltd: 6008531/2024
JUDGMENT
Employment Tribunal Rules of Procedure 2024 –Rule 22[1]The claim was issued in the London East Employment Tribunal on 14 August 2024. The claim was served on the Respondent at the Pavilion Restaurant, 20-21 Middlesborough, Colchester, CO1 1QX, which is a trading address of the Respondent and where the Claimant was employed. This is also the address provided on the Claimant’s payslips. The Respondent did not enter a response to the claim. The Employment Judge decided that a determination can properly be made of the claim in accordance with rule 22 of the Rules of Procedure. Wages claim[2]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages as follows: a) for the period 1-31 May 2024, the net sum of £39.80. Case Number:6008531/2024 b) for the period 1-30 June 2024 the net sum of £1844.16 (inclusive of annual leave taken in this period)[3]The respondent shall pay to the claimant the sum of £1883.96 Holiday pay claim[4]The complaint in respect of holiday pay is well-founded. The respondent made an unauthorised deduction from the claimant's wages by failing to pay the claimant for holiday accrued but not taken as of the termination date. The respondent shall pay to the Claimant the sum of £661.83.[5]The payments have been calculated on the net sums owed. The respondent is ordered to pay the above payments without any deductions. The respondent is liable for any tax and national insurance contributions due in respect of these payments.[6]The respondent is ordered to pay the claimant the total sum of £2545.79 Approved by Employment Judge J Bann Date: 3 February 2025 Note Reasons for the judgment were given orally at the hearing. Written reasons will not be provided unless a party asked for them at the hearing or a party makes a written request within 14 days of the sending of this written record of the decision.