Mr D Bishop v BPUK Environment Ltd: 1404001/2019

EMPLOYMENT TRIBUNALS
Case No 1404001/2019Venue CHAMBERS AT PlymouthHearing 2 December 2019 THE TIME FOR PRESENTING A RESPONSE HAVING EXPIRED AND NO VALID RESPONSE HAVING BEEN PRESENTED JUDGMENT UNDER RULE 21 1. The claimant was unfairly dismissed; and 2. The claimant’s claim for breach of contract succeeds; and 3. The claimant’s claim for unlawful deduction from wages succeeds; and 4. The claimant’s claim for accrued but unpaid holiday pay succeeds; and 5. The appropriate remedy will be determined at a hearing, notice of which will be sent to parties in due course. JUDGMENT OF THE EMPLOYMENT TRIBUNAL HELD AT Plymouth ON 15 January 2020 Representation: Claimant: In person Respondent: No Appearance Entered, Did Not Attend JUDGMENT ON REMEDY 1. That part of the Judgment entered under Rule 21 and dated 2 December 2019 to the effect that the claimant was unfairly dismissed is hereby revoked. The claimant had insufficient qualifying service to present such a claim; and 2. The claimant’s claim for breach of contract succeeds in respect of one month’s contractual notice pay and the respondent is ordered to pay the claimant the net sum of £3,023.00; and 3. The claimant’s claim for unlawful deduction from wages succeeds in respect of the following deductions which were unlawfully made from the claimant’s pay: pension contributions of £161.90 and £128.61, expenses of £54.49, a joining fee in the sum of £5,000.00 gross, and commission in the sum of £3,000.00 gross. The respondent is accordingly ordered to pay the claimant the sum of £8,345.00; and 4. The claimant’s claim for accrued but unpaid holiday pay succeeds in respect of 11 days’ accrued but unpaid holiday in the sum of £127.84 per day and the respondent is ordered to pay the claimant the sum of £1,406.24; and 5. The respondent failed to have any regard to the ACAS Code of Practice and a 25% uplift is claimed and awarded to the claimant on the above total sum of £12,774.24, and the respondent is therefore ordered to pay the claimant the additional sum £3,193.56 by way this uplift. Case No. 1404001/2019
Between
Mr D BishopClaimantBPUK Environment LtdRespondent
In person for claimantDate 2 December 2019

JUDGMENT

[2]The claimant’s claim for breach of contract succeeds; and[3]The claimant’s claim for unlawful deduction from wages succeeds; and[4]The claimant’s claim for accrued but unpaid holiday pay succeeds; and[5]The appropriate remedy will be determined at a hearing, notice of which will be sent to parties in due course.[1]That part of the Judgment entered under Rule 21 and dated 2 December 2019 to the effect that the claimant was unfairly dismissed is hereby revoked. The claimant had insufficient qualifying service to present such a claim; and[2]The claimant’s claim for breach of contract succeeds in respect of one month’s contractual notice pay and the respondent is ordered to pay the claimant the net sum of £3,023.00; and[3]The claimant’s claim for unlawful deduction from wages succeeds in respect of the following deductions which were unlawfully made from the claimant’s pay: pension contributions of £161.90 and £128.61, expenses of £54.49, a joining fee in the sum of £5,000.00 gross, and commission in the sum of £3,000.00 gross. The respondent is accordingly ordered to pay the claimant the sum of £8,345.00; and[4]The claimant’s claim for accrued but unpaid holiday pay succeeds in respect of 11 days’ accrued but unpaid holiday in the sum of £127.84 per day and the respondent is ordered to pay the claimant the sum of £1,406.24; and[5]The respondent failed to have any regard to the ACAS Code of Practice and a 25% uplift is claimed and awarded to the claimant on the above total sum of £12,774.24, and the respondent is therefore ordered to pay the claimant the additional sum £3,193.56 by way this uplift. Case No. 1404001/2019