Miss K Rathbone v Mr George Sowerby and 1 other — 2022

This was a Rule 21 judgment, entered without a hearing because neither respondent filed a response. The claimant had presented her ET1 on 13 January 2022, the first respondent was sent the claim on 19 February 2022, and the second respondent was sent a copy after the claimant produced her contract of employment, which suggested she may have been employed by the second respondent. The tribunal proceeded on the information supplied by the claimant.

The tribunal held that the claimant’s claim for unauthorised deduction of wages under section 13 of the Employment Rights Act 1996 was well-founded. It accepted her evidence that she was owed 1.5 weeks’ wages, paid at £8.91 per hour and averaging 42 hours per week, and assessed the wages element at £561.33.

The tribunal also held that the claim for non-payment of accrued and outstanding holiday pay under regulation 14 of the Working Time Regulations 1998 was well-founded. On the claimant’s figure of 31.5 hours of holiday pay, multiplied by the hourly rate of £8.91, the tribunal calculated holiday pay at £280.67.

The tribunal awarded a total of £842, comprising £561.33 for wages and £280.67 for holiday pay. The judgment recorded both sums as gross awards and stated that the claimant would be liable for any tax and national insurance payments due on them.