Mr M Bradfield-Humphreys v Macob Scaffolding Ltd: 1601674/2020
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The respondent made unauthorised deductions from the claimant’s wages.[2]The respondent has failed to pay holiday pay due to the claimant.[3]The respondent breached the claimant’s contract with regard to notice of termination.[4]The respondent failed to provide the claimant with a written statement of employment particulars.[5]The sum to be awarded to the claimant, payable by the respondent, is to be assessed on submission of written evidence by the claimant and a further judgment (Remedy Judgment) will be made in due course. A hearing may not be required; if there is to be a hearing a Notice shall be issued. Employment Judge T. Vincent Ryan _____________________________ Date: 03.03.21[1]The Claimant does not have sufficient qualifying service to bring complaints for unfair dismissal and statutory redundancy pay. The Tribunal has no jurisdiction to hear these complaints and they are dismissed against the Respondent.[2]The Respondent made an unauthorised deduction from wages by failing to pay the Claimant in lieu of accrued but untaken holidays. The Respondent is ordered to pay the sum of £1,246.14 gross (9 days x daily rate of £138.46 gross) being the gross sum unlawfully deducted.[3]The Respondent made an unauthorised deduction from wages by failing to pay the Claimant a sum of notice pay. The Respondent is ordered to pay the sum of £692.31 gross (1 week x weekly rate of £692.31 gross) being the gross sum unlawfully deducted.[4]The Respondent failed to provide the Claimant with a written statement of employment particulars. It is just and equitable in all the circumstances for the Claimant to be awarded the higher amount of payment under section 38(2)(b) of the Employment Act 2002 being an amount of four weeks’ pay. This sum is subject to the statutory cap on a week’s pay of £544. The Respondent is ordered to pay the Claimant the sum of £2,176 gross (4 x £544).[5]The total sum that the Respondent must pay the Claimant is £4,114.45 gross. Case No: 1601674/2020 10.2 Judgment - rule 61 February 2018