Mr D Welch v Dorset & South West Mobile Mechanics Ltd: 1400866/2022
JUDGMENT
[1]The claim of unlawful deduction from wages contrary to section 13 of the Employment Rights Act 1996 succeeds. The Respondent has made an unlawful deduction from the Claimant’s wages and is ordered to pay to the claimant the sum of £7090.50. This is a gross sum and is subject to income tax and national insurance contributions.[2]The claim for automatically unfair dismissal contrary to section 104(1)(b) of the Employment Rights Act 1996 is unsuccessful and is dismissed.[3]The Respondent shall pay to the Claimant the sum of £1,142 under section 38 of the Employment Act 2002, for failure to provide the Claimant with a written statement of particulars of employment. This figure equates to two weeks pay capped at £571, pursuant to section 227 of the Employment Rights Act 1996 and the Employment Rights (Increase of Limits) Order 2022 (SI 2022/182).[4]When delivering my oral judgment I omitted to apply the statutory cap. I reconsidered this part of my decision, and the correct figure is set out in paragraph 3 above. Case Number: 1400866/2022