Mr E Ammirati and others v South Coast Dining Ltd: 1402635/2020 and others
JUDGMENT
[1]The First Claimant’s claims (Mr Ammirati’s) of unauthorised deductions from earnings (relating to wages owed, unpaid pension contributions and unpaid furlough monies), unpaid holiday pay, and breach of contract in the form of failure to pay notice pay, are all well-founded. No. Claim Calculation £ 1 Unpaid wages to 16.3.20 4 weeks net 1,070.00 2 15 days taken but unpaid holiday 15 x £93.68 1,405.20[3]Unpaid pension contributions Throughout 1,250.00 employment[4]Unpaid furlough pay 1 April 2020 3 months @ 7,500.00 to 30 June 2020 (but taken by the £2,500 Respondent from the Government) 5 1 week’s notice from 1 July 2020 470.00[6]Owed to the First Claimant GRAND TOTAL £11,695.20 2. The Second Claimant’s claims (Mr Barretta’s) of unauthorised deductions from earnings (relating to wages owed for March 2020 and unpaid pension contributions), accrued but unpaid holiday, breach of contract in the form of failure to pay notice, and unfair dismissal, are all well-founded. 3. The Second Claimant did not make any - and was not dismissed for having made any – protected disclosures. No. Claim Calculation £ 1 Unpaid wages 3/2020 4 weeks net 1,900.00 2 Unpaid pension contributions Throughout 2,390.57 employment bar the occasional payment 3 Accrued but untaken holiday 6 days @ £100 gross 600.00 pay 4 Unpaid notice pay 2 weeks @ £475 net 950.00 5 Unfair dismissal - Basic award 2 weeks gross capped 1,076.00 - Loss of stat rights 500.00 - 7 months loss of £475net x 28 weeks 8728.14 earnings @ 80% less 20% = £10,640 furlough rate less £1,911.86 benefits 6 Owed to the Second GRAND TOTAL £16,144.71 Claimant 4. The Third Claimant’s (Mr Mistrorigo’s) claims for unauthorised deductions from earnings (in respect of wages owed and unpaid pension contributions), taken but unpaid holiday and for breach of contract in the form of failure to pay notice are all well-founded. 5. The Third Claimant did not make any - and was not dismissed for having made any – protected disclosures. No. Claim Calculation £ 1 Unpaid wages to 19/3/2020 4 weeks net 1,100.00 2 Unpaid pension Throughout 2,129.42 contributions employment 3 Taken but unpaid holiday February 2020 405.00 4 1 week’s notice 400.00 Owed to the Third Claimant GRAND TOTAL £4,034.42 6. The Respondent must pay Mr Ammirati £11,695.20 within 7 days.[7]The Respondent must pay Mr Barretta £16,144.71 within 7 days.[8]The Respondent must pay Mr Mistrorigo £4,034.42 within 7 days.