Mr S Mazurek v Windparkservice UK Ltd — 2021

Mr S Mazurek brought a claim on 9 November 2020 complaining of an unlawful deduction from wages in respect of August 2020 pay. Windparkservice UK Limited did not enter a response. The tribunal heard evidence from the claimant and accepted that he had been employed from 12 September 2019 until 26 August 2020, that he had given notice at the beginning of August while on annual leave, and that the annual leave had been approved in advance by his manager, Angelika Gibula.

The tribunal accepted that the claimant was entitled to be paid throughout the period of annual leave up to his last day of employment and that he had either worked or been on authorised annual leave during 1 to 26 August 2020, the period covered by the payslip dated 31 August 2020. It found that the wages shown on that payslip had not been paid.

The claimant had also pleaded that he was due additional basic pay for August 2020, but he withdrew that point at the hearing as having been made in error. The tribunal accepted that his last day of employment was 26 August 2020, so he was only due wages up to that date and not to the end of the month. It therefore treated the basic pay figure of £2,090.67 on the payslip as correct for the period covered.

On overtime, the tribunal accepted that overtime hours were banked to be taken as time off in lieu or paid on termination, that the claimant had eleven banked hours, and that his hourly rate was £14.44. It found that he had not been paid for those overtime hours and that £158.89 was owed. The tribunal held the complaint of unauthorised deduction from wages to be well founded and ordered the respondent to pay £2,249.56, subject to deduction of any tax and national insurance required to be made.