Mr J Marks v Pure Payroll Ltd: 1803750/2020
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the sum of £2,199.31.[2]The claim for holiday pay is dismissed on withdrawal.[3]The sum of £2,199.31 shall be paid to the claimant on or before 9 November 2020. Employment Judge Brain _____________________________ Date: 26 October 2020 Case No: 1803750/2020(V) 1 EMPLOYMENT TRIBUNALS Claimant: Mr J Marks Respondent: Pure Payroll Limited HELD BY CVP in Sheffield ON: 20 April 2021 BEFORE: Employment Judge Brain REPRESENTATION: Claimant: In person Respondent: Mr D Brier[1]The respondent made an unauthorised deduction from the claimant’s wages by failing to pay to him remuneration at the rate of 80% of his average weekly wage for the period between 24 October 2019 and 23 March 2020. Accordingly, the respondent shall pay to the claimant the amount of the unauthorised deduction at the rate of 80% of his average weekly wage for the period between 23 March 2020 and 7 May 2020.[2]The claimant’s complaint of breach of contract succeeds. The respondent dismissed him with one week’s notice but failed to pay to him remuneration for the one week’s notice period. Accordingly, the respondent shall pay to the claimant one week’s pay at an amount equivalent to 100% of his average earnings between 24 October 2019 and 23 March 2020 by way of compensation.[3]The respondent’s practice was to pay to the claimant an amount each week by way of rolled up holiday pay in addition to the remuneration earned by him. For Case No: 1803750/2020(V) 2 the avoidance of doubt, the element of rolled up holiday pay shall be paid to the claimant for the period between 23 March 2020 and 7 May 2020 in full. The rolled up holiday pay element of the claimant’s remuneration arises pursuant to the Working Time Regulations 1998 and is not subject to the agreed reduction when the parties agreed that the claimant should go on furlough leave.[4]It is ordered that on or before 14 May 2021 the parties shall write to the Employment Tribunal whether it has been possible to agree the amount of the compensation payable by the respondent to the claimant and/or to make such application to the Tribunal as the parties see fit. Employment Judge Brain Date: 29 April 2021 Case No: 1803750/2020(V) 1 EMPLOYMENT TRIBUNALS Claimant: Mr J Marks Respondent: Pure Payroll Limited HELD BY CVP in Sheffield ON: 8 September 2021 BEFORE: Employment Judge Brain REPRESENTATION: Claimant: In person Respondent: No attendance or appearance[1]The respondent shall pay to the claimant the sum of £1296.48 being the gross sum due to the claimant for the period between 23 March 2020 and 7 May 2020 (being 80% of his average weekly wage for the period between 24 October 2019 and 23 March 2020 for a period of six weeks) being the amount of the unauthorised deduction from his wages.[2]The respondent shall pay to the claimant the sum of £279.09 by way of compensation for the failure to pay notice pay to the claimant for the week ending 14 May 2020.[3]The respondent shall pay to the claimant compensation for seven weeks of holiday pay accrued due but untaken as at 14 May 2020 in the sum of £259.35. Case No: 1803750/2020(V) 2[4]The respondent shall therefore pay to the claimant the sum of £1,834.92 in satisfaction of his three claims, such payment to be made on or before 23 September 2021.