Mrs A P Kaur v Premium Products WB Ltd: 1304366/2024
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 from 29 December 2023 until 14 February 2024.[2]The respondent shall pay the claimant £1,957.20, which is the gross sum deducted (gross weekly pay of £312.60 x 7 weeks - £231 already paid). The claimant is responsible for the payment of any tax or National Insurance. Notice Pay[3]The complaint of breach of contract in relation to notice pay is well-founded.[4]The respondent shall pay the claimant £937.80 (3 weeks gross weekly pay) as damages for breach of contract. This figure has been calculated using gross pay to reflect the likelihood that the claimant will have to pay tax on it as Post Employment Notice Pay. Holiday Pay[5]The complaint in respect of holiday pay is well-founded. The respondent made an unauthorised deduction from the claimant's wages by failing to pay the claimant for holidays accrued but not taken on the date the claimant’s employment ended.[6]The respondent shall pay the claimant £1,750.56. This comprises 28 days x 6 hours per day x gross hourly rate of £10.42. The claimant is responsible for paying any tax or National Insurance. Unfair Dismissal[7]The complaint of unfair dismissal is well-founded. The claimant was unfairly dismissed.[8]The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures and it is just and equitable to increase the compensatory award payable to the claimant by 10% in accordance with s 207A Trade Union & Labour Relations (Consolidation) Act 1992.[9]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 that make an award of an amount equal to two weeks’ gross pay unjust or inequitable. It is just and equitable to make an award of an amount equal to four weeks’ gross pay.[10]The respondent shall pay the claimant the following sums:(a) A basic award of £1,406.70 (3 x 1.5 x £312.60).(b) A compensatory award of £4,534.67 (9 weeks loss from 7 March – 9 May 2024. 10% ACAS uplift. Plus 4 week’s gross pay for failure to provide employment particulars, plus £500 loss of statutory rights). Note that these are the actual sums payable to the claimant after any deductions or uplifts have been applied.[11]The total sum to be paid by the respondent to the claimant is therefore £10,587[12]The Employment Protection (Recoupment of Benefits) Regulations 1996 do not apply. Employment Judge Bennett 8 October 2024 Note Reasons for the judgment were given orally at the hearing. Written reasons will not be provided unless a party asked for them at the hearing or a party makes a written request within 14 days of the sending of this written record of the decision.