Mr D Everett v Ney Ltd: 1303109/2024 and 1307461/2024
JUDGMENT
[1]The Claimant’s complaints of unauthorised deductions from wages are not wellfounded and is dismissed.[2]The Claimant’s complaints as to breach of contract and / or notice pay are not well-founded and is dismissed .[3]The Claimant’s complaint as to holiday pay is well-founded and succeeds in that the Claimant is entitled to be paid the sum of £115.38 by the Respondent.[4]The Respondent’s complaint of breach of contract is well-founded and succeeds in that the Respondent is entitled to recover from the Claimant the sum of £9,497.86 comprised of:(1) £807.66 in overpaid wages;(2) £6,320.00 in respect of overpaid commission;(3) £2,370.20 in respect of commission which was repayable on termination of the contract of employment.[5]The Respondent is entitled to set off its liability to the Claimant for the sum of £115.38 against the Claimant’s liability to the Respondent for the sum of £9,497.86 so that the net amount owed by the Claimant to the Respondent is £9,382.58. Approved by