Mr A Small v Downend Taxsavers Ltd: 1405313/2018
JUDGMENT
The claimant’s claims of unfair dismissal and unlawful deductions from wages succeeded, there being no evidence provided by the respondent to refute them, and the claimant was awarded the total sum of £12,792.37. The breakdown of that sum is as follows: Unfair Dismissal Basic award £2,076.93 Compensatory Award For period 16/8/18 – 16/12/18, claimant not fit for work £ 0.00 For period 17/12/18 – 16/06/19: 6 months @ £1,606 £9,636.00 Pension £ 240.00 Loss of statutory rights £ 500.00 Unlawful deductions from wages Wages due for period 1/4/17-30/4/18 £ 24.16 Wages due for period 1/5/18 – 16/8/18 £ 23.60 Wages due for 1.5 hours worked 1/5/18 £ 13.13 Accrued holiday for period 1/7/17 – 30/6/18 £ 0.00 (no relevant agreement in place for carry forward) Accrued holiday pay for period 1/7/18 – 16/8/18 £ 197.01 Pension payments deducted but not paid to provider £ 81.54 Grand Total £12,792.37 10.7 Judgment with reasons – rule 62 Case No: 1405313/2018 The Employment Protection (Recoupment of Benefits) Regulations 1996 apply to the compensatory award for loss of earnings during the prescribed period Grand Total £12,792.37 Prescribed element £ 9,636 Period of prescribed element from 16/12/18 – 15/6/19 Excess of grand total over the prescribed element £ 3,156.37