Mr S Collier and Mr K Lloyd v Pro Repair Telford Ltd: 1310862/2022 and1310863/2022
JUDGMENT
[1]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from: a. The claimants’ wages in the period 1 – 30 November 2022.[2]The respondent shall pay:a. Mr Collier £1,666.b. Mr Lloyd £1,262.73. which is the gross sum deducted. The claimants are responsible for the payment of any tax or National Insurance. Notice Pay Case Number 1310862 and1310863 2022[3]The complaint of breach of contract in relation to notice pay is well-founded.[4]The respondent shall pay:a. Mr Collier £1,348 as damages for breach of contract.b. Mr Lloyd £1,348 as damages for breach of contract. This figure has been calculated using gross pay to reflect the likelihood that the claimants 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 claimants’ wages by failing to pay the claimants for holidays accrued but not taken on the date the claimants’ employment ended.[6]The respondent shall pay:a. Mr Collier £924.b. Mr Lloyd £1,402. The claimants are responsible for paying any tax or National Insurance. Redundancy Payment[7]Under section 163 Employment Rights Act 1996 it is determined that:a. Mr Collier is entitled to a redundancy payment of £962.50.b. Mr Lloyd is entitled to a redundancy payment of £1,168. Employment Judge Childe 31 October 2023 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.