Miss J Ince v The Butterfly Rooms (Inc Woodlands) Ltd Limited — 2023

At the telephone hearing on 20 February 2023 before Employment Judge Crosfill, the claimant indicated that the parts of her case relating to occupational pension matters should be dealt with by the Pensions Ombudsman. The tribunal recorded that the claim for employer pension contributions was withdrawn rather than dismissed, and that the pension-related deductions of £37.67 and £32.87 were stayed pending the outcome of the ombudsman complaint, with a further note that they would be dismissed if not actively pursued by 31 May 2023.

The claimant succeeded on her holiday pay claim under Regulations 16 and 30 of the Working Time Regulations 1998. The tribunal found that she had accrued but not taken 1.5 days of annual leave beyond what had already been paid, and ordered the respondent to pay £142.22 for that entitlement.

The tribunal also found that £1,422.18 had been unlawfully deducted from the claimant's final instalment of wages in November 2021, and ordered payment of that sum. In relation to the claimant's further deduction claim for £248.74, the tribunal held that £178.20 deducted for the period ending 30 November 2020 was lawful because it was a deduction on account of sickness or absence, while the pension-related items were stayed rather than finally determined in the judgment.

The separate unlawful deduction claim relating to sums due under the furlough schemes was dismissed. The judgment recorded a total award of £1,564.40, subject to deductions required by law through PAYE.