Case 1402408/2020 · Employment Tribunal
Ms K Rosser v Devon Pubs Ltd — 2020
- Case reference
- 1402408/2020
- Decision date
- 14 September 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Matthews Representation
- Venue
- Plymouth
Parties
2 namedClaimant
Ms K Rosser
Respondent
Key findings
Tribunal's reasoningMs K Rosser brought claims against Devon Pubs Ltd for unpaid wages under section 23 of the Employment Rights Act 1996 and for holiday pay under regulation 30(1) of the Working Time Regulations 1998. The respondent did not present a response and did not attend the hearing before Employment Judge Matthews in Plymouth on 11 September 2020. Both claims were found well founded.
On the wages claim, the tribunal found that Ms Rosser had not been paid from March 2020 to the end of August 2020, when she found other work. For April to June 2020 she had agreed to receive 80% of pay as a furlough arrangement. The schedule calculated £4,680 for March, July and August 2020, £3,744 for April to June 2020, and £360 for a week's pay in hand, making £8,784 before deducting £1,250 already paid on account; the balance due was £7,534.
On the holiday pay claim, the tribunal found that 64 hours were owed. The schedule calculated that sum at 42.66 hours x £9 and 21.34 hours x £7.20, producing £537.59. The judgment therefore ordered payment of £8,071.59, subject to any lawful deductions for income tax, national insurance contributions or otherwise.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Claim under section 23 of the Employment Rights Act 1996 for unpaid wages. The schedule found the Claimant had not been paid from March 2020 to the end of August 2020, subject to an agreed furlough arrangement at 80% pay for April to June 2020. The calculation was £4,680 for March, July and August 2020, £3,744 for April to June 2020, and £360 for a week's pay in hand, less £1,250 already paid on account, leaving £7,534. | Upheld | — | £7,534 |
| Holiday pay | Claim under regulation 30(1) of the Working Time Regulations 1998 for holiday pay due under regulation 14(2). The tribunal found the Claimant was owed 64 hours of holiday pay, calculated as 42.66 hours at £9 and 21.34 hours at £7.20, producing £537.59. | Upheld | — | £538 |
Remedy
Monetary award- Total award
- £8,072
- across all upheld claims
Legal tests applied
3 references- section 23 of the Employment Rights Act 1996
- regulation 30(1) of the Working Time Regulations 1998
- regulation 14(2) of the Working Time Regulations 1998
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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