Miss K Hurst v David Lowes t/a Greencroft Dog Day Care — 2023

The tribunal found the claimant's complaints under section 13 ERA 1996 well founded in respect of deductions from wages for April 2022 and May 2022. It ordered payment of £199.30 for April 2022 and £171.00 for May 2022.

On the claimant's complaints brought under the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994, the tribunal found that sums remained due under the contract for 18 hours' work in June 2021 (£160.38), 9.6 hours' work in August or September 2021 (£85.51), and 7.5 hours' work in October 2021 (£66.75). Those sums were ordered subject to any deductions the respondent was required by law to make and pay to HMRC in respect of income tax or national insurance referable to those sums.

The tribunal dismissed the claimant's alleged underpayment claims for April 2021, July 2021, November 2021 and December 2021. It also dealt with a reference under section 11 ERA 1996 concerning itemised pay statements.

On that reference, the tribunal found that pay statements said to relate to April 2021, May 2021, May 2022 and June 2022 did not comply with section 8 ERA 1996 because they did not contain particulars of the hours worked by the claimant, and the May 2022 statement did not state a deduction of £244.72. It further found that no compliant itemised pay statement was provided at or before the time payment was due for the months June 2021 to April 2022 inclusive, and that later statements for June, July, August and October 2021 and January to April 2022 also omitted the hours worked. The written decision records those findings but no separate monetary award for the section 11 reference.