Automated Summary
Key Facts
Mrs K Perry (Claimant) successfully claimed unlawful deduction of wages (£1,526.53) and holiday pay (£322.39) against Everything Trading Limited (Respondent) at the London South Employment Tribunal on 27-28 January 2025. The Respondent's admission led to these awards, though the automatic unfair dismissal claim was dismissed. Additionally, the Respondent was ordered to pay £677.30 for breaching the duty to provide a written statement of particulars.
Issues
- The Claimant's claim of automatic unfair dismissal based on asserting a statutory right is unsuccessful and is hereby dismissed.
- The Claimant's claim of holiday pay succeeds upon admission by the Respondent and the Respondent must pay the Claimant the sum of £322.39 gross.
- The Respondent was in breach of its duty to give the Claimant a written statement of particulars, resulting in an award of 2 weeks' pay (£677.30 gross).
- The Claimant's claim in respect of unlawful deduction of wages relating to the period 2 February 2024 until 2 March 2024 succeeds upon admission by the Respondent and the Respondent must pay the Claimant the sum of £1,526.53 gross.
Holdings
- The Claimant's claim of automatic unfair dismissal based on asserting a statutory right is unsuccessful and is hereby dismissed.
- The Claimant's claim in respect of unlawful deduction of wages from 2 February 2024 until 2 March 2024 succeeds upon admission by the Respondent. The Respondent must pay the Claimant £1,526.53 gross.
- The Respondent is permitted to apply necessary payroll deductions to the sums awarded before payment is made to the Claimant.
- The Claimant's holiday pay claim succeeds upon admission by the Respondent. The Respondent must pay the Claimant £322.39 gross.
- The Respondent was in breach of its duty to provide a written statement of particulars at the start of proceedings. An award of 2 weeks' pay (£677.30 gross) is made without deduction.
Remedies
- The Respondent was in breach of its duty to give the Claimant a written statement of particulars and an award of 2 weeks' pay is made. The Respondent must pay the Claimant the sum of £677.30 gross (without deduction).
- The Claimant's claim in respect of unlawful deduction of wages relating to the period 2 February 2024 until 2 March 2024 succeeds upon admission by the Respondent and the Respondent must pay the Claimant the sum of £1,526.53 gross.
- The Claimant's claim of holiday pay succeeds upon admission by the Respondent and the Respondent must pay the Claimant the sum of £322.39 gross.
Monetary Damages
2526.22
Legal Principles
The court applied statutory rights under employment law regarding unlawful wage deductions and holiday pay entitlements. The claimant succeeded on these claims via respondent's admission. The court also addressed the duty to provide a written statement of particulars under employment law.
Judge Name
Fitzgerald
Passage Text
- 5. When these proceedings commenced the Respondent was in breach of its duty to give the Claimant a written statement of particulars and an award of 2 weeks' pay is made. The Respondent must pay the Claimant the sum of £677.30 gross (without deduction).
- 1. The Claimant's claim in respect of unlawful deduction of wages relating to the period 2 February 2024 until 2 March 2024 succeeds upon admission by the Respondent and the Respondent must pay the Claimant the sum of £1,526.53 gross.
- 2. The Claimant's claim of holiday pay succeeds upon admission by the Respondent and the Respondent must pay the Claimant the sum of £322.39 gross.