Miss J O'Connor v Stessa Leisure Holdings Ltd (England and Wales : Unfair Dismissal) -[2022] UKET 2500543/2022- (15 November 2022)

BAILII

Automated Summary

Key Facts

The claimant, Miss J O'Connor, brought claims against Stessa Leisure Holdings Limited. The tribunal dismissed her unfair dismissal claim but found the respondent failed to provide itemised payslips from January to April 2022. The claimant's unauthorised wage deduction claim was upheld, with the respondent ordered to pay £1341.71 gross wages and a 25% uplift of £335.43, totaling £1677.14. The hearing occurred remotely on 15 November 2022.

Issues

  • The claimant's claim of unfair dismissal is not well-founded and is dismissed.
  • The respondent has failed to provide the claimant with itemised payslips in January, February, March and April 2022 contrary to section 8 of the Employment Rights Act 1996.
  • The claimant's claim of the unauthorised deduction of wages contrary to section 13 of the Employment Rights Act 1996 is well-founded. The respondent is ordered to pay to the claimant wages in the sum of £1341.71 gross, subject to any statutory deductions which the respondent may be obliged to make, with a 25% uplift in the sum of £335.43.

Holdings

  • The respondent has failed to provide the claimant with itemised payslips in January, February, March and April 2022 contrary to section 8 of the Employment Rights Act 1996.
  • The claimant's claim of the unauthorised deduction of wages contrary to section 13 of the Employment Rights Act 1996 is well-founded. The respondent is ordered to pay to the claimant wages in the sum of £1341.71 gross, subject to any statutory deductions which the respondent may be obliged to make, with a 25% uplift in the sum of £335.43.
  • The claimant's claim of unfair dismissal is not well-founded and is dismissed.

Remedies

  • The respondent is ordered to pay the claimant £1341.71 gross wages with a 25% uplift of £335.43, totaling £1677.14.
  • The claimant's claim of unfair dismissal is not well-founded and is dismissed.

Monetary Damages

1677.14

Legal Principles

  • The respondent violated section 8 of the Employment Rights Act 1996 by failing to provide the claimant with itemised payslips in January, February, March and April 2022.
  • The claimant's assertion of an unauthorised wage deduction was upheld under section 13 of the Employment Rights Act 1996, resulting in an award of £1341.71 gross wages plus a 25% uplift of £335.43.

Cited Statute

Employment Rights Act 1996

Judge Name

Arullendran

Passage Text

  • The claimant's claim of unfair dismissal is not well-founded and is dismissed.
  • The claimant's claim of the unauthorised deduction of wages contrary to section 13 of the Employment Rights Act 1996 is well-founded. The respondent is ordered to pay to the claimant wages in the sum of £1341.71 gross... with a 25% uplift in the sum of £335.43.
  • The respondent has failed to provide the claimant with itemised payslips in January, February, March and April 2022 contrary to section 8 of the Employment Rights Act 1996.