Mr S Kerr v R W Carter Excavations: 1403998/2021

EMPLOYMENT TRIBUNALS
Case No 1403998/2021
Mr S KerrClaimantR W Carter ExcavationsRespondent
Employment Judge ScottIn person for claimantDate 9 May 2022

JUDGMENT

[1]The Claimant’s claim for unfair dismissal is not well founded and does not succeed.[2]The Claimant’s complaint in respect to holiday carried over from the 2020 leave year due to the Covid 19 pandemic is upheld. The Respondent must pay the Claimant £1287 calculated as follows; 11 days at 9 hours per day paid at a rate of £13 per hour.[3]The Claimant was entitled to be paid holiday pay for a 45 hour working week. The Respondent must pay the Claimant £585 calculated as follows; 1 hour per day underpayment per day for a total of 45 days. The sum is subject to applicable deductions for tax and national insurance.[4]The Respondent has made unauthorised deductions from the Claimant’s wages in respect of travel time of 2.5 hours per week for a period of six weeks. The Respondent must pay the Claimant £195. The sum is subject to applicable deductions for tax and national insurance.[5]The Respondent failed to provide the Claimant with a section 1 statement of terms and conditions of employment pursuant to the Employment Rights Act 1996. Under section 38 of the Employment Act 2002 the Respondent is ordered to pay to the Claimant the sum of £2340 representing 4 weeks gross pay. Case No: 1403998/2021«case_no_year»