Automated Summary
Key Facts
The respondent, le Beauty Boudoir Ltd, failed to pay the claimant, Mrs. R. Kayastha, for unpaid wages, redundancy payments, and annual leave. The Tribunal awarded £5178.40, omitting HMRC Furlough payments and compensation claims. The claimant may dispute this amount, seeking the full £9250.40 due (before tax) as outlined in Annex 1 of the judgment.
Issues
- The claimant can dispute the 5178.40 GBP award if she believes 9250.40 GBP is due, by submitting reasons to the Tribunal within 7 days via email with the reference number.
- The Tribunal determined it has no authority to award HMRC Furlough payments or related compensation, leading to the exclusion of 942 GBP claimed for this period.
- The respondent did not pay the claimant wages for 88.5 hours of holiday leave, 2 weeks of furlough (352 GBP), and 3 days of sick leave, among other unaddressed wage-related claims. The Tribunal confirmed it cannot award HMRC Furlough payments or compensation for these amounts.
- The claimant was not allowed to take annual leave, nor was she compensated for it, which contributed to the balance due of 9250.40 GBP. The Tribunal ordered 5178.40 GBP to be paid.
- The respondent failed to provide a redundancy payment to the claimant as required by law, which is explicitly noted in the Tribunal's assessment of the claim.
Holdings
- The respondent failed to pay the claimant wages, did not make a redundancy payment, and did not allow her to take annual leave or pay her in lieu.
- The Tribunal ordered the respondent to pay the claimant £5178.40 and account to HMRC for any tax and national insurance due on this amount.
- The Tribunal determined it lacks the power to award HMRC Furlough payments or compensation for the claimant's dispute, omitting these amounts from the award.
- The claimant may dispute the awarded amount within 7 days of receiving the judgment by submitting reasons to the Tribunal via email.
Remedies
The respondent is ordered to pay the claimant £5178.40 and account to HMRC for any tax and national insurance due on this amount.
Monetary Damages
5178.40
Legal Principles
The Tribunal applied Rule 21 of the Employment Tribunals (Constitute and Rules of Procedure) Regulations 2013 to issue a determination without a hearing, finding the respondent failed to pay wages, provide redundancy payments, and allow annual leave.
Cited Statute
Employment Tribunals (Constitute and Rules of Procedure) Regulations 2013
Judge Name
REJ Wade
Passage Text
- 3. The respondent has failed to pay the claimant wages owed to her in addition to failing to make a redundancy payment and failing to allow the claimant to take annual leave or to pay her in lieu.
- 5. The Tribunal orders the respondent to pay the claimant £5178.40 and to account to HMRC for any tax and national insurance due on this amount.
- 6. If the claimant wishes to dispute the amount owed and believes that £9250.40 is payable, she should write to the Tribunal within 7 days of this judgment being sent to her and set out her reasons for seeking the full amount.