Mr G Seed v GPS Industries Ltd: 1305627/2023
JUDGMENT
[1]The claim for unlawful deduction from wages is not well founded and is dismissed.[2]The Respondent failed to give the Claimant written itemised pay statements as required by Section 8 of the ERA 1996.[3]The Respondent made unnotified deductions totalling £215.40 from the pay of the Claimant in the 13 weeks prior to presentation of the claim form. The Respondent shall therefore pay to the Claimant the sum of £215.40 in respect of those deductions.[4]The Claimant’s complaint of breach of contract in relation to notice pay is well-founded.[5]The Respondent shall pay to the Claimant the sum of £525 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.[6]The Claimant’s complaint in respect of holiday pay is well-founded. The Respondent failed to pay the Claimant in accordance with regulation 14 (2) 10.2 Judgment - rule 61 February Case No: 1305627/2023 and / or 16 (1) of the Working Time Regulations 1998. The Respondent shall pay the Claimant £262.50 (gross). The Claimant is responsible for paying any tax or national insurance.[7]When the proceedings began, 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 not just and equitable to make an award of an amount equal to four weeks’ gross pay. In accordance with section 38 of the Employment Act 2002, the respondent shall therefore pay to the claimant £1,050.