Mr H Singh v HI Q Windows Ltd: 1303312/2024
JUDGMENT
[1]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages in the period 7-13 October 2023. 1.1. The respondent shall pay the claimant £330.46, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance. 1.2. The respondent unreasonably failed to comply with the ACAS code of practice on disciplinary and grievance procedures 2015 and it is just and equitable to increase the compensation payable to the claimant by 25%, in accordance with s.207A Trade Union and Labour Relations (Consolidation) Act 1992, meaning that the respondent shall pay the claimant an additional £82.61.[2]The complaint of breach of contract in relation to notice pay is well-founded. 2.1. The respondent shall pay the claimant the sum of £1598.79 net as damages for breach of contract 2.2. The respondent unreasonably failed to comply with the ACAS code of practice on disciplinary and grievance procedures 2015 and it is just and equitable to increase the compensation payable to the claimant by 25%, in accordance with s.207A Trade Union and Labour Relations (Consolidation) Act 1992, meaning that the respondent shall pay the claimant an additional £399.70.[3]The complaint of unfair dismissal is well-founded. The claimant was unfairly dismissed. 3.1. The respondent unreasonably failed to comply with the ACAS code of practice on disciplinary and grievance procedures 2015 and it is just and equitable to increase the compensation payable to the claimant by 25%, in accordance with s.207A Trade Union and Labour Relations (Consolidation) Act 1992. 3.2. When the proceedings were begun, the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars. There are no exceptional circumstances which make an award of an amount of 2 weeks gross pay unjust or inequitable. It is not just and equitable to make an award of an amount equal to 4 weeks gross pay. As such an award of 2 weeks gross pay was accounted for in the calculation of the compensatory award. 3.3. The respondent shall pay the claimant the following sums: 3.3.1. Basic award: £6,278.74 3.3.2. Compensatory award: £17,183.92 Note these are the actual sums payable to the claimant after any deductions or uplifts have been applied.[4]The claimant’s complaint in respect of accrued holiday pay is dismissed on withdrawal. Approved by: Employment Judge Kight 8 July 2026 Notes Full reasons were given orally at the hearing. Written full reasons will not be provided unless requested by any party at the hearing, or by a written request received by the Tribunal within 14 days of the sending of the written record of the decision. All judgments (apart from judgments under Rule 51) and any written full reasons for the judgments are published, in full, online at https://www.gov.uk/employment-tribunal-decisions shortly after a copy has been sent to the claimant(s) and respondent(s). If a Tribunal hearing has been recorded, you may request a transcript of the recording. Unless there are exceptional circumstances, you will have to pay for it. If a transcript is produced it will not include any oral judgment or reasons given at the hearing. The transcript will not be checked, approved or verified by a judge. There is more information in the joint Presidential Practice Direction on the Recording and Transcription of Hearings and accompanying Guidance, which can be found here: www.judiciary.uk/guidance-and-resources/employment-rules-and-legislation-practice-directions/