In Person For the v Ms Yve Montaz, (Advocate) — 2019

The tribunal held that the claimant's unlawful deduction of wages claim was well founded and ordered the respondent to pay £918.76 gross. In the reasons, it accepted that the parties agreed the claimant earned £3,387.90 gross between 25 March and 18 July 2019 and had been paid £2,783.55 net, leaving a difference of £604.35. After taking account of a further payment of £566.11 gross made in August 2019, the tribunal found an outstanding deduction of £38.24 gross.

The tribunal also found that the claimant was entitled to be paid during the school holidays because her contract provided for 5 days a week, 35.75 hours per week at £8.21 per hour and did not say she was not entitled to holiday pay or that term-time earnings were to be amortised over the holidays. It rejected the respondent's case that the claimant had resigned with effect from 18 July 2019 and did not accept the witness statement relied on for that proposition.

On the claimant's account of her end date, the tribunal relied on the pleaded case and found she was entitled to 3 weeks' pay, calculated at 35.75 hours per week for 3 weeks at £8.21 per hour, producing £880.52. The tribunal therefore treated the unlawful deduction claim as covering the £38.24 underpayment and the £880.52 found due in the reasons. It separately found holiday pay due in the sum of £43.45 gross, calculated from 19 weeks' employment and a figure of £600.56 less £557.11 already paid. The respondent's contract claim was dismissed.