Employment Judge BeardIn person for claimantDate 13 February 2020
JUDGMENT
[1]On the concession of the respondent, the claimant’s claim of unlawful deduction of wages (limited to holiday pay) pursuant to sections 13 and 23 Employment Rights Act 1996 is well founded.[2]On the concession of the respondent, the claimant’s claim of breach of contract (limited to notice pay) pursuant to the Extension of Jurisdiction Order 1994 is well founded.[3]The issue of remedy in respect of both of the above claims shall be considered at the postponed final hearing, currently listed for 12 and 13 February 2020. _________________________________ Employment Judge Beard Dated: 19 November 2019 ORDER SENT TO THE PARTIES ON 20 November 2019 ………………………………………………. FOR THE SECRETARY TO EMPLOYMENT TRIBUNALS Case No: 1600276 / 2019 EMPLOYMENT TRIBUNALS Claimant: Mr Jason Hall Respondent: 13 Market Street Ltd Heard at: Cardiff On:12 and 13 February 2020 Before: Employment Judge Brace Representation Claimant: In person Respondent: Mr Goldup (Legal Advocate)[1]The claim of automatic unfair dismissal under s.104 Employment Rights Act 1996 is not well-founded and is dismissed.[2]In breach of Section 13(1) of the Employment Rights Act 1996, the respondent deducted from the claimant’s wages, without his authorisation, wages from in the period from 1- 14 February 2019. It is ordered to pay him the sum of £107.18 in this regard.[3]Judgment having been given on 19 November 2019 on liability in respect of breach of Regulation 14(2) of the Working Time Regulations 1998, the respondent failed to pay the claimant a sum in lieu of 3.5 days’ holiday that he had accrued but not taken by the date on which his employment terminated. It is ordered to pay him the sum of £269.22 in this regard.[4]Judgment having been given on 19 November 2019 on liability in respect of breach of contract (limited to notice pay) the respondent failed to give the claimant one week’s notice of the termination of his employment or make a payment in lieu thereof. The respondent is therefore ordered to pay the claimant damages in the sum of one week’s net pay of £326.56.[5]The total amount the respondent must pay to the claimant is therefore £702.96. The claimant is responsible for any income tax or employee national insurance contributions that may be due on the sums awarded in respect of the sums at 2 and 3 above Case No: 1600276 / 2019 ……………………………………………