Mr K Peter v Rustichetto Ltd: 4100482/2017
Employment Tribunal
Published on 18 October 2017, 13:52
- Summary
- Employment Tribunal decision.
- categories
-
unlawful-deduction-from-wages working-time-regulations
- country
- scotland
- decision date
- 2017-08-24
Change History
-
Varied Rule 21 judgment added.
-
First published.
Full Decision Text
Raw text extracted from the official documents.
1 The respondent has made an unauthorised deduction from the claimant’s wages and is ordered to pay the claimant the sum of £187.50
2 The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the sum of £206.70
3 The hearing listed on 2 June 2017 is cancelled.
The Judgment of the Employment Tribunal is that the Tribunal Judgment promulgated on 2 May 2017 is varied under Rule 72(2) of the Employment Tribunal Constitution and rules of Procedure Regulation 2013 (the Rules) to the extent that the Tribunal finds the respondents failed to pay the claimant`s holiday pay entitlement and is ordered to pay the claimant the sum of £93.75 (Ninety Three Pounds, Seventy Five Pence).
REASONS
1. The Tribunal issued a Default Judgment on 2 May 2017, ordering the respondents to pay £187.50 in respect of unauthorised deductions from the claimant`s wages, and £206.70 in respect of holiday pay. An application for review of that Judgment was submitted by the respondents who accepted that monies were due, but the amount of holiday pay due was said to £93.75. There was no opposition by the claimant to the application for review of the Judgment to reflect this.
2. The Tribunal wrote to the parties on 10 August 2017 indicating it proposed to vary the Judgment to reflect the holiday pay due was £93.75. Parties were asked to confirm in writing if they disagreed with this by 17 August 2017. There was no opposition intimated to the Tribunal in respect of the proposed course of action, and accordingly, the Tribunal was satisfied that the Judgment should be reconsidered and varied under Rule 72(2) of the Rules to the extent that the award of holiday pay is varied from £206.70, to £93.75.
Related Parties
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