Mrs N Hewitt v Outstanding Branding Limited (in voluntary liquidation) — 2023

Mrs Hewitt was employed by Outstanding Branding Limited from 11 February 2020 to 21 May 2021. The respondent did not attend and was not represented at the hearing. The tribunal recorded that, at the end of employment, her gross weekly pay was £384.69 and her net weekly pay was £332.77.

The tribunal upheld her complaint of unauthorised deductions from wages. It found that the respondent made unauthorised deductions in the period from 1 March to 21 May 2021, a period described as 11 weeks and 5 days, and ordered payment of the gross sum deducted, £4,506.37. The tribunal also upheld the breach of contract complaint relating to notice pay and awarded £384.69 as damages, calculated using gross pay because of the likelihood that the amount would be treated as Post Employment Notice Pay.

The holiday pay complaint was also upheld. The tribunal found that the respondent had made an unauthorised deduction from wages by failing to pay for holidays accrued but not taken when employment ended, which amounted to 3.95 weeks' holiday. It ordered payment of £1,519.53 and noted that the claimant is responsible for any tax or National Insurance due on the sums awarded where stated.