Ms J Webb v Baltic Star Design & Build Limited — 2024

This was a Rule 21 judgment determined on the papers after the respondent failed to present a valid response on time. The Employment Judge found that the respondent had made unauthorised deductions from the claimant's wages for July 2023 and ordered payment of £331.05 gross, subject to tax and National Insurance deductions. The claimant's request had been framed in net terms based on her payslip, but the judge awarded the gross figure because the payslip deductions section and P45 had not come through legibly and the year-to-date figures did not reconcile.

The judge also found that the respondent had failed to pay the claimant's holiday entitlement and awarded 2 days' holiday pay of £224.62 gross. The claimant made no claim for notice pay.

The respondent was further found to be in breach of the duty under section 1 of the Employment Rights Act 1996 to give a written statement of initial employment particulars, in particular omitting the required notice details, which the judge observed appeared to have been the source of the problems that ensued. The judge stated she was obliged to uplift by two weeks' pay unless exceptional circumstances made that unjust or inequitable, and awarded £1,123.10 on that basis. The judgment records a total payable of £1,678.77 in respect of the sums in paragraphs 2 and 4 of the judgment.