Mr R Angelescu v T33 Holdings Ltd: 1802373/2023
JUDGMENT
[1]The claimant was, from 1 October 2021 until 24 March 2023 an employee of T33 Holdings Ltd (the respondent).[2]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages in the period 1 June 2022 – 23 March 2023[3]The respondent shall pay the claimant £26,609, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance.[4]The complaint of breach of contract in relation to notice pay is well-founded.[5]The respondent shall pay the claimant £875 as damages for breach of contract. This figure has been calculated using gross pay to reflect the likelihood that the claimant will have to pay tax on it as Post Employment Notice Pay.[6]The complaint of breach of contract in relation to non-payment of bonus is well-founded. Case number: 1802373/2023[7]The respondent shall pay the claimant £10,000 as damages for breach of contract. This figure has been calculated using gross pay and the claimant is responsible for any payment of tax and national insurance.[8]The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015 and it is just and equitable to increase the compensatory award payable to the claimant by 25 % in accordance with s 207A Trade Union & Labour Relations (Consolidation) Act 1992. The respondent shall pay the claimant the additional sum of £6652.34.[9]The respondent has acted unreasonably in the way it has conducted the proceedings. It is reasonable to award the claimant’s cost of bringing these proceedings and the respondent must pay the claimant the sum of £4,800 for his legal costs.[10]The respondent has breached the rights of the claimant to not be subjected to unauthorised deductions for wages, to be paid his outstanding holiday pay and to have his grievances dealt with. Those breaches have one or more aggravating factors. The first respondent is ORDERED to pay a penalty to the Secretary of state of £20,000.