Miss P Powell v Tedroo Ltd: 1406075/2019
| Judgment Date | 28 August 2020 |
| Published date | 29 September 2020 |
| Court | Employment Tribunal |
| Subject Matter | Written Pay Statement |
Case Number: 140 6075 /2019[A]
1
EMPLOYMENT TRIBUNALS
Claimant Respondent
v
Miss P Powell Tedroo Limited
Heard at: Southampton On: 6 July 2020
Before: Employment Judge Rayner
Appearances
For the Claimant: Miss P Powell in person
For the Respondent: Mr R Prais
This has been a remote which has been consented to by the parties. The form of remote
hearing was [A audio]. A face to face hearing was not held because it was not practicable
and the parties agreed that the matter could be dealt with in a telephone hearing.
Judgment
1. It is declared that the claimant was entitled to, but was not provided with any
itemised pay statement in respect of any period of her work during the course of
her employment with the respondent.
2. The claimant was not provided with a statement of the main terms and conditions
of her employment in the course of her employment with the respondents.
3. For t he purposes of the determination of this matter the relevant terms of the
claimants contract are:
a. the claimant was entitled to be paid £10 per hour;
b. the claimant was entitl ed to the statutory minimum holiday entitlement in
accordance with the working time regulations;
c. the claimant was entitled to one weeks’ notice of termination of
employment.
4. The claimant’s average working week was 27 hours.
Case Number: 140 6075 /2019[A]
2
5. The claimant suffered an unlawful deduction from her wages in respect of hours
of work that were claimed but not paid. In total the claimant was not paid for and
is entitled to be paid for 214.25 hours. The total sum due is therefore £2142.50.
The claimant accepts that the sum of £315.00 in total should be deducted from
this in respect of advances paid to the claimant during the course of the
employment. The total sum owing for the unlawful deductions from wages in
respect of non-payment of hours worked is therefore £1827.50.
6. The claimant is entitled to be paid for holidays not taken and outstanding at the
point of termination of her contract of 67.3 hours.
7. The claimant is entitled to compensation of 2 weeks’ pay in respect of the
respondent’s failure to provide her with a written statement of the main terms and
conditions of her employment.
8. The claimant is entitled to compensation of 13 weeks’ worth of the deductions
made but not notified to her in the 13 final weeks of her emplo yment. From the
13 final non-itemised pay slips, the amount owing is £126.86.
9. The claimant was summarily dismissed by the employer in breach of contract,
and is entitled to one weeks’ notice pay in lieu.
10. The amounts now payable to the claimant are therefore as follows:
2 weeks’ pay as compensation for
non-provision of statement of terms
and conditions of employment
(section 38 Employment Act 2002)
27 hours x £10.00 per
hour x 2 weeks
£540.00
Holiday pay for 67.3 hours 67.3 x £10.00 £673.00
Unlawful deduction from wages in
respect of Unpaid wages
214.25 hours x £10.00 –
(£295.00 +£20.00)
£1827.50
Compensation for failure to provide
itemised pay slips
Sum of deductions
made but not notified as
set out in the final 13
payslips
£126.86
Notice pay 1 week @ 27 hours x
£10
£270
Total amount now payable to the
Claimant
£3437.36
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