Mr A Clarke v Majestic Motors Ltd: 1302977/2022
JUDGMENT
[1]The claimant’s claim of unauthorised deductions from wages in respect of unpaid salary between April 2020 and February 2021 is struck out as it was not presented within the time limits set out in the Employment Rights Act 1996 s23(2)(a). A claim of breach of contract in relation to the same set of facts was presented in time and proceeded to be heard.[2]The respondent was in breach of contract by failing to pay full contractual salary to the claimant between the period of April 2020 to June 2021.[3]The parties agreed the outstanding salary figures to be £53.34 in respect of the period between April and May 2020 and £682.47 in respect of the period between June 2020 to February 2021. The respondent is therefore ordered to pay the claimant the total sum of £735.81 as damages for breach of contract.[4]The respondent made an unauthorised deduction from wages by failing to pay the claimant in respect of 4 days annual leave accrued up to his termination date of 25 February 2022 but not taken. The parties agreed the correct hourly rate applying at the time to be £8.91. The respondent is ordered to pay to the claimant the gross sum of £263.74 being the amount unlawfully deducted which is calculated by applying the hourly rate to 7.4 hours per day. 10.2 Judgment - rule 61 February 2018 Case No: 1302977/2022 Employment Judge Boyle