Mr K Smith v Mr Mark Kyle Langham Lodge: 1306166/2019
JUDGMENT
[1]The claimant’s claim of an unlawful deduction from wages in respect of unpaid wages between 25 March – 3 May 2019 is well founded. The respondent is ordered to pay to the claimant unpaid wages in the sum of £1,440.40 (gross figure). (Calculation 160 hours @ £9.00 an hour).[2]The claimant’s claim of an unlawful deduction from wages in respect of unpaid sick pay between 17 – 29 April 2019 2019 is well founded. The respondent is ordered to pay to the claimant unpaid wages in the sum of £113.10 (gross figure). (Calculation; 17 – 29 April 9 = working days. Statutory sick pay £94.25 a week. Three qualifying days to be deducted = 6 days. £94.25 + £18.85 = £113.10.) Note: written reasons will not be provided unless requested at the Hearing itself or in writing within 14 days of the sending of the written record of the decision, Rule 62(3). Case Number: 1306166/2019[3]The claimant’s breach of contract claim (non-payment of expenses between April – October 2018) succeeds. The respondent shall pay to the claimant damages in the sum of £1040 (calculation 26 weeks @ £40 a week).[4]The claimant’s claims for unpaid wages in July, September and November 2018 are out of time. Accordingly, the tribunal has no jurisdiction to hear these claims and they are dismissed.[5]The claimant’s claim for unpaid wages (non-payment of paternity pay) fails and is dismissed.[6]The claimant’s claim for unpaid holiday pay on 3 October 2018, 26 and 31 December 2018 and 1- 3 January 2019 are out of time. Accordingly, the tribunal has no jurisdiction to hear these claims and they are dismissed.