Miss E Fallon v Trimpet Ltd — 2022

Employment Judge Crosfill upheld Miss E Fallon's claim for unlawful deduction from wages. The tribunal found that Trimpet Limited had failed to pay her normal basic salary for the period 1 August to 25 August 2021, assessed at £1,780.82, and that she was also entitled to statutory sick pay for 12 working days, assessed at £231.24. The judgment text refers in that paragraph to deductions on 31 August and 30 September 2022, but the findings and calculations are otherwise directed to the August to September 2021 period.

The tribunal also upheld the claim for accrued but untaken holiday under regulations 14 and 30 of the Working Time Regulations 1998. It found that the claimant had been employed from 1 May 2021 to 15 September 2021, had taken 3 days' paid holiday and had not worked on 3 public holidays, which were deducted from her entitlement. On that basis, the tribunal calculated that she remained entitled to 4.6 days' holiday pay and awarded £460 gross.

Finally, the tribunal upheld the claimant's expenses claim as a breach of contract claim under the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 and found that £105.89 was owed. The respondent was ordered to pay £2,012.06 in respect of wages, £460 in respect of holiday pay, and £105.89 in respect of expenses. The wage and holiday sums were to be paid gross, subject only to deductions required by law, and the expenses sum was to be paid without deductions.