Employment Tribunals

Case No: 1402413/2020 S7.1 1 EMPLOYMENT TRIBUNALS Claimant: Mr J Potter Respondent: Devon Pubs Ltd Heard at: Plymouth On: Friday 11 September 2020 Before: Employment Judge Matthews Representation: Claimant: In Person Respondent: Response not presented and did not attend JUDGMENT 1. The Claimant’s claim under section 23 of the Employment Rights Act 1996 that the Respondent has failed to pay wages due to the Claimant is well founded. 2. The Claimant’s claim under regulation 30(1) of the Working Time Regulations 1998 that the Respondent has failed to pay the Claimant an amount due under Regulation 14(2) of those Regulations (holiday pay) is well founded. 3. The Respondent is ordered to pay to the Claimant £1,295.65 in this respect. Any amount which the Respondent lawfully deducts from the above amount by way of income tax, national insurance contributions or otherwise shall be treated to that extent as in payment of this order. In the absence of evidence to substantiate the lawfulness of such a deduction the gross amount specified shall be due under this Judgment to the Claimant. Schedule of Calculations Case No: 1402413/2020 S7.1 2 Wages The Claimant was not paid for March 2020 at the end of which the Claimant found other work. The calculation is: Pay for March 2020: £1,386.67 A week’s pay in hand: £320 From the total of £1,706.67, £1,250 falls to be deducted being the total of payments already made by the Respondent on account of wages. This leaves a balance owing of £456.67. Holiday pay The Claimant is owed 118 hours holiday pay. The calculation is: 115 x £7.11 (normal hourly rate) = £838.98 Employment Judge Matthews Dated: 11 September 2020 Judgment sent to parties: 14 September 2020 FOR THE TRIBUNAL OFFICE Reasons having been given orally, written reasons will not be provided unless they are asked for by written request presented by any party within 14 days of the sending of this written record of the decision.