(sitting alone) Linda Milroy v Lisa McCabe t/a Stardust Doggy Care — 2019

The claimant worked for the respondent as a dog walker from 3 April 2017 to 30 June 2018, paid at £7.83 an hour for 35 hours a week and paid one month in arrears. The respondent gave one month’s notice of termination. The tribunal recorded that no evidence was led by either party and that the facts were agreed from the documents lodged and discussion at the hearing.

On those agreed facts, the tribunal found that the claimant did not receive wages of £1,187.55 gross due on 1 June 2018, wages of £1,187.55 gross due on 1 July 2018, or £493.29 gross in respect of 9 days of accrued but unused holiday. The tribunal referred to sections 13, 13A, 23, 27 and 230 of the Employment Rights Act 1996 and to the Working Time Regulations 1998 in explaining that holiday pay counted as wages and that a deduction from wages is unauthorised unless required or authorised by statute, contract terms notified in writing, or the worker’s prior written consent.

The tribunal held that there was no written agreement or consent authorising the deductions and that the deductions were therefore not authorised or excluded. It upheld the complaint of unlawful deduction from wages and ordered the respondent to pay £2,868.39 gross, subject to tax and national insurance being deducted and remitted to HMRC.