Mr N Farr and others v Umbrella Protect & Compare Ltd: 1804275/2019 and others
JUDGMENT
[1]The correct identity of the respondent is Umbrella Protect & Compare Limited.[2]The above claims shall be considered together.[3]Mrs Flather’s complaints of unlawful deductions from wages and breach of contract were not validly presented within the relevant time limit, namely 19 September 2019 (one month after the end of early conciliation). It was reasonably practicable for those complaints to have been presented within the time limit. The Tribunal therefore does not have jurisdiction to hear Mrs Flather’s complaints of unlawful deductions from wages (arrears of pay and holiday pay) and breach of contract (notice pay), which are accordingly dismissed.[4]The respondent has made unauthorised deductions from Mr Farr’s wages and is ordered to pay him the gross sum of £3,397 (comprising £2,500 gross pay and £897 commission).[5]Mr Farr was dismissed in breach of contract in respect of his notice and the respondent is ordered to pay damages to him amounting to one week’s gross pay in the sum of £576.92.[6]The respondent has failed to pay Mr Farr’s holiday entitlement and is ordered to pay him the gross sum of 6 days’ pay in the sum of £692.30.[7]Mr Farr will be responsible for any income tax or employee national insurance contributions due on the above amounts. Case Number: 1804275/2019, 1805465/2019 1804511/2019[8]Mr Robertson did not attend the hearing and the Tribunal is unable to quantify his claim. Mr Robertson’s claim is therefore dismissed.