Mr G Hogsden v Pencwm Cyf (T/a Springfield Holiday Park): 1402287/2020
JUDGMENT
[1]The respondent made an unlawful deduction from the claimant’s pay in respect of outstanding wages in the sum of £614.70 however, such monies were paid to the claimant following the commencement of proceedings and no further wages are outstanding. The claimant is however awarded, and the respondent is ordered to pay to the claimant, the sum of £129 pursuant to section 24 (2) of the Employment Rights Act 1996 in respect of financial losses sustained by reason of such unlawful deduction.[2]The respondent has also made unlawful deductions in respect of the claimant’s accrued holiday entitlement of 4.5 days and the respondent is ordered to pay to the claimant the sum of £173.03 gross in respect of such deduction (4.5 days x gross daily pay of £38.45). Further it is just and equitable to increase the sum of £173.03 by 25 per cent (£43.26) pursuant to section 207 A of the Trade Union and Labour Relations (Consolidation) Act 1992 for the failure of the respondent to comply with the ACAS Code (relating to grievances) and the respondent is therefore ordered to pay to the claimant £216.29 gross in respect of this claim. Case no 1402287.2020 (Code A).[3]The claimant is therefore awarded, and the respondent is ordered to pay to the claimant, the total sum of £345.29 gross (£129 and £216.29)