Automated Summary
Key Facts
The Employment Tribunal ruled that Café Morso Droitwich Ltd (respondent) made an unlawful deduction from Mr M Green's (claimant) wages, ordering payment of £128.63. Additionally, the respondent failed to pay accrued holiday pay under the Working Time Regulations 1998, requiring £72.69 for 7.92 hours at £9.18 per hour. The total sum of £201.32 must be paid within 14 days. Judgment was delivered on 16 May 2023 by Employment Judge Hussain, with the respondent neither attending nor represented.
Issues
- The claimant's claim regarding failure to pay accrued holiday under the Working Time Regulations 1998 was upheld, resulting in an ordered payment of £72.69 for 7.92 hours at £9.18 per hour.
- The tribunal found that the respondent made an unlawful deduction from the claimant's wages and ordered the payment of £128.63 to the claimant.
Holdings
- The respondent made an unlawful deduction from the claimant's wages and must pay £128.63 in gross sum to the claimant.
- The claimant's failure to receive accrued holiday pay under Working Time Regulations 1998 (regulations 14(2) and 16(1)) is upheld. The respondent must pay £72.69 (7.92 hours @ £9.18 per hour) in gross sum, subject to tax and national insurance deductions.
- The respondent is ordered to pay a total sum of £201.32 to the claimant within 14 days.
Remedies
- The respondent must pay to the claimant the gross sum of £128.63 in respect of the amount unlawfully deducted from wages.
- The respondent must pay £72.69 (7.92 hours @ £9.18 per hour) in respect of untaken but accrued holiday pay under the Working Time Regulations 1998.
- The respondent is ordered to pay a total sum of £201.32 to the claimant within 14 days, combining the unlawful deduction and holiday pay awards.
Monetary Damages
201.32
Legal Principles
The court applied provisions under the Working Time Regulations 1998, specifically regulations 14(2) and 16(1), to determine the respondent's liability for failing to pay accrued but untaken holiday entitlement. The judgment also addressed unlawful wage deductions, requiring the respondent to reimburse the claimant for the withheld amount.
Cited Statute
Working Time Regulations 1998
Judge Name
Employment Judge Hussain
Passage Text
- 1. The respondent has made an unlawful deduction from the claimant's wages and shall pay to the claimant the gross sum of £128.63, in respect of the amount unlawfully deducted.
- 2. The claimant's claim of failure to pay to the claimant an amount due under regulation 14 (2) or regulation 16 (1) of the Working Time Regulations 1998 is well-founded and the respondent shall pay to the claimant the sum of £72.69 (7.92 hours @ £9.18 per hour) in respect of untaken but accrued holiday (holiday pay), which sum the respondent is ordered to pay the claimant. This is a gross sum, from which the appropriate deductions for tax and national insurance must be made.