L Loiudice v Dolce Vita Dining Ltd: 1600545/2024
JUDGMENT
[1]The Claimant’s complaint that there was an unauthorised deduction from his wages is well founded.[2]The Respondent made unlawful deductions in respect of the following wages:• 10 hours shortfall for September (payslip dated 10/10/23) of £110.00• unpaid wages for October of £1248.11 (payslip dated 10/11/23) and 3 unpaid shifts on 1 and 4 November of £162.03 - totalling £1,410.14 The Respondent shall pay the Claimant the gross sum of £1,520.14 (less deductions for tax and national insurance contributions).[3]The Claimant’s complaint for breach of contract in relation to one week’s notice pay is well founded. The Respondent shall pay the Claimant £330.00 as damages for breach of contract. This figure has been calculated using gross pay to reflect that the likelihood that the Claimant will have to pay tax on it as Post Employment Notice Pay.[4]The Claimant’s complaint in respect of holiday pay is well founded. The Respondent failed to pay the Claimant in accordance with regulation 14(2) and/or 16 (1) of the Working Time Regulations 1998.[5]The Respondent shall pay the Claimant the gross sum of £825.97 (less deductions for tax and NICs) in respect of 75.5 hours of accrued but untaken holiday due on termination.[6]When the proceedings were begun the Respondent was in breach of its duty to provide the claimant with a written statement of employment 10.2 Judgment - rule 61 February 2018 Case No: 1600545/2024 particulars. There are no exceptional circumstances that make an award of an amount equal to two weeks’ gross pay unjust or inequitable.[7]In accordance with section 38 Employment Act 2002 the respondent shall therefore pay the claimant £660.00.