Mr N Smith v Somech Ltd: 1800165/2017
JUDGMENT
[1]In accordance with the provisions of Section 13 of the Employment Rights Act 1996 the complaint of an unauthorised deduction from wages succeeds and in accordance with Section 24 of the Act the Respondent is ordered to pay to the Claimant forthwith the amount so deducted being £6646.64 calculated net.[2]In accordance with the provisions of Regulations 13, 14 and 30 of the Working Time Regulations 1998 the complaint in respect of the Claimant’s entitlement to payment for leave taken or in lieu of accrued but untaken leave succeeds and the Respondent is ordered to pay to the Claimant forthwith the sum of £2556.25 calculated gross.[3]The complaint of wrongful dismissal is dismissed, the Claimant resigned without notice, he cannot contend that the Respondents are in breach of contract by not giving him notice to terminate his contract.[4]The Respondents shall, pursuant to Rule 76(4), reimburse the Claimant the Tribunal fees paid in the sum of £160.00.[5]The hearing listed on 4 April 2017 is cancelled.