Automated Summary
Key Facts
Ms J Boothby v Kings Hotel Trading Ltd (formerly Rajat Sood). The tribunal ruled in favor of the claimant, ordering the respondent to pay £3253.65 for unauthorised wage deductions and breach of contract, including 17 days' work pay (£1634.55), 14.3 days of accrued holidays (£1374.95), March 2020 underpayment (£500), and unpaid pension contributions (£627.17 for employee, £616.98 for employer). The respondent did not attend the hearing. Judgment date: 13 March 2023.
Issues
- The tribunal addressed whether the employer failed to pay £627.17 in employee pension contributions deducted from the claimant's wages.
- The tribunal determined whether the employer made unauthorised deductions from the claimant's wages, which formed part of a breach of contract claim.
- The claimant sought payment for 14.3 days of accrued holidays that were untaken at the termination of their contract.
- The employer was found to have underpaid the claimant's wages for March 2020, requiring compensation.
- The claimant claimed £616.98 for employer pension contributions that were deducted from wages but not allocated to their pension.
Holdings
The respondent is ordered to pay the claimant £3253.65 (gross) in respect of unauthorised deductions from wages and damages for breach of contract. The award comprises: £1634.55 for 17 days' work; £1374.95 for 14.3 days of accrued holidays untaken at termination; £500 underpayment of March 2020 wages; £627.17 for employee's pension contributions not paid; £616.98 for employer's pension contributions not paid. (Less £1500 already paid by the respondent to the claimant in part satisfaction of the sums owed.)
Remedies
- £616.98 in respect of employer's pension contributions deducted from wages but not paid into claimant's pension
- £500 underpayment of March 2020 wages
- £627.17 in respect of employee's pension contributions deducted from wages but not paid into the claimant's pension
- £1634.55 pay for 17 days' work
- £1374.95 pay for 14.3 days of accrued holidays untaken at termination of the contract
Monetary Damages
3253.65
Legal Principles
The tribunal applied the legal principle of breach of contract to determine the respondent's liability for unauthorised wage deductions and failure to pay accrued holiday entitlements and pension contributions. The award included £1634.55 for 17 days' work, £1374.95 for untaken accrued holidays, and £500 for March 2020 wage underpayment, among other components.
Judge Name
Employment Judge Eeley
Passage Text
- (Less £1500 already paid by the respondent to the claimant in part satisfaction of the sums owed.)
- 2. The respondent is ordered to pay the claimant the sum of £3253.65 (gross) in respect of unauthorised deductions from wages and damages for breach of contract. The award of damages comprises: a. £1634.55 pay for 17 days' work; b. £1374.95 pay for 14.3 days of accrued holidays untaken at termination of the contract; c. £500 underpayment of March 2020 wages; d. £627.17 in respect of employee's pension contributions deducted from wages but not paid into the claimant's pension; e. £616.98 in respect of employer's pension contributions deducted from wages but not paid into claimant's pension;
- 1. The respondent's name is amended from Rajat Sood to Kings Hotel Trading Ltd, the legal entity which employed the claimant.