Mr M M Martinez v El Cerdo Ltd: 6015444/2024
JUDGMENT
[1]The claimant was an employee of the respondent from 18 April 2023 to 3 August 2024 inclusive.[2]The complaint of unauthorised deductions from wages contrary to Part II Employment Rights Act 1996 is well-founded. The respondent made an unauthorised deduction from the wages due to the Claimant in August 2024 and September 2024.[3]The claimant was due to be paid £6,413.10 in wages in total in August 2024 and September 2024 combined:a. Tips (tronc payment) for June 2024 of £656.37.b. 225.2 hours work between 1 July 2024 and 3 August 2024 inclusive at £15 per hour = £3,378.00c. Accrued holiday pay earned in connection with 225.2 hours work at £15 per hour of 12.07% = £407.72d. 8.53 hours work between 1 July 2024 and 3 August 2024 inclusive at £16 per hour = £136.48e. Accrued holiday pay earned in connection with 8.53 hours work at £16 per hour of 12.07% = £16.47f. Tips (tronc payment) of a guaranteed £3.50 per hour for all hours worked between 1 July 2024 and 3 August 2024 inclusive, 233.73 hours x £3.50 per hour = £818.06g. Return of housing deposit = £1,000[4]A total of £2491.24 of deductions were authorised by the claimant, as follows:a. Balance of outstanding rent for May and June 2024 = £600b. Rent for 26 to 30 June 2024 = £189.04c. Rent for July 2024 at a fixed monthly rate = £850.00d. Rent for 1 to 7 August 2024 at a day rate of £29.60 = £207.20e. Flat cleaning = £300f. Oven cleaning = £110g. Upholstery cleaning = £140h. Uniform cleaning/ ironing = £70i. Missing uniform (apron) = £25[5]The respondent failed to pay the balance of wages of £3,921.86.[6]The respondent shall pay the claimant £3,921.86 which is the gross sum deducted within 14 days of the date on which this judgment is sent to the parties. The claimant is responsible for the payment of any tax or National Insurance.