Miss E Taylor v Ms A Burns (trading as Niche Hairdressing) — 2024

Employment Judge Morris, sitting alone at Newcastle Hearing Centre by CVP on 20 December 2024, found the claimant's complaint under section 23 of the Employment Rights Act 1996 to be well-founded. The tribunal held that the respondent had on occasions made unauthorised deductions from the claimant's wages contrary to section 13 of that Act, both by failing to pay the claimant in full for her contractual 30 hours per week and by failing to pay her at the correct apprentice rate of the National Minimum Wage.

The respondent was ordered to pay the claimant £1,079.92 in respect of the shortfall against contractual hours, and £228.54 in respect of the underpayment against the apprentice National Minimum Wage rate. Each sum was calculated by reference to gross wages, with any liability for income tax or employee National Insurance contributions remaining the claimant's liability alone.

The tribunal further held that the respondent's response to the National Minimum Wage complaint had no reasonable prospect of success and, in accordance with rules 74 to 84 of the Employment Tribunals Rules of Procedure 2013, made a preparation time order requiring the respondent to pay the claimant £123.00. By consent, the respondent's name was corrected and Amy Burns, previously named as second respondent, was removed from the proceedings.