Mr A Jackson v Churrasco Ltd: 1802090/2021
JUDGMENT
The claimant’s complaints of an unlawful deduction from wages is well founded and the Tribunal declares accordingly. The issue of an award will be determined at a separate hearing. Employment Judge T.R. Smith Date 18 May 2021 Case Number: 1802090/2021 1 EMPLOYMENT TRIBUNALS Claimant: Mr A Jackson Respondent: Churrasco Limited Heard at: Leeds Employment Tribunal (by CVP) Before: Employment Judge Deeley On: 22 September 2021 Representation Claimant: Mr I Ahmed (Counsel) Respondent: No attendance JUDGMENT[1]The claimant’s complaints of:1.1 unauthorised deductions from wages (under s13 of the Employment Rights Act 1996);1.2 under-payment of holiday pay (under s13 of the Employment Rights Act 1996 and under the Working Time Regulations 1998);1.3 wrongful dismissal (notice pay) (under the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994); and1.4 failure to provide a written statement of particulars (under s38 of the Employment Act 2002); succeed and are upheld.[2]The claimant is awarded the amounts set out in the table below. The claimant is responsible for any PAYE deductions due on the awards made. Jurisdiction Award ACAS uplift Total amount Wages (for the period 29/11/20 to 22/12/20) £1968.06 gross 25% £2460.08 gross Case Number: 1802090/2021 2 Jurisdiction Award ACAS uplift Total amount Breach of contract (TRONC payment for November 2020) £500 gross* 25% £625 gross Wages (holiday pay on termination for FY 2020/21) £2318.09 gross 25% £2897.61 gross Breach of contract (notice pay) £871.56 net 25% £1089.45 net Failure to provide a statement of written particulars £1076 (i.e. 2 weeks’ capped pay) N/A £1076 Total award £8148.14 *Awarded on a gross basis due to lack of PAYE information. NOTES[3]The form of remote hearing was “V: video - fully (all remote)”. Neither party objected to holding this hearing as a remote hearing.[4]Reasons for this judgment were given orally at the hearing. Written reasons will not be provided unless a written request is made by either party either:4.1 at the hearing; or4.2 within 14 days of the date on which the Tribunal sends this judgment to the parties.