Miss D Makarawicz v Scarpetta Ltd — 2022

Miss D Makarawicz was employed by Scarpetta Ltd as a general manager from 24 August 2021 and resigned on 18 October 2021. During her notice period she said she worked substantial additional hours and sought payment for them. The tribunal recorded that her contract stated overtime was not paid, but it also found that the Respondent later issued a final payslip on 28 January 2022 showing a bonus of £2,000 gross taxable pay and £1,607.24 net, which was not paid to her. The tribunal held that by issuing that payslip the Respondent had effectively agreed to pay those monies, and it therefore upheld the unlawful deduction from wages complaint and awarded £1,607.24 net.

On holiday pay, the tribunal accepted the Claimant's evidence that she had not taken holidays during her employment. It rejected the Respondent's case that text messages about 14 August, 21 August and 24 August were requests for holiday, finding instead that those dates were identified before she had commenced employment and were not annual leave requests. The tribunal found that the Claimant had accrued three days' untaken holiday and that holiday pay was due under the Working Time Regulations. The operative award for that claim was £624.00.