Claimant v Carrahar v Jayco Recruitment Ltd — 2022

Miss V Carrahar worked for Jayco Recruitment Limited as a Finance Manager and resigned on 17 September 2021. Her final salary was due on 30 September 2021. The payslip showed gross salary of £1,525.03, six days holiday pay of £703.86 and net pay of £1,797.73, but the respondent deducted the whole sum on the basis that it had made advances. The tribunal accepted the claimant's evidence that the alleged advances were payments for weekend work, and held that there had been an unlawful deduction from wages under s.13 ERA 1996.

The respondent later paid £847 after taking legal advice. The tribunal nevertheless considered the holiday pay balance and rejected the claimant's case for 8.1 days' holiday because that figure had not been put in the ET1, the pre-claim correspondence, or the witness statement. On the material before it, the tribunal found that one day's holiday pay remained unpaid and awarded £118.46.

The claimant also asked for reimbursement of mortgage interest after she could not pay a mortgage instalment due on 1 October 2021. The tribunal found that she owed £439.96, had entered a repayment arrangement in mid-December 2021, and that the mortgage company was charging £14.69 per day interest. Applying s.24(2) ERA 1996, the tribunal awarded £1,557.14 for 106 days' interest. The judgment therefore recorded an unlawful deduction from wages and ordered payment of £118.46 plus £1,557.14, making a total award of £1,675.60.