Dr G Porter v FGS Services (UK) Ltd: 1804287/2020 and 1805347/2020
JUDGMENT
[1]The respondent’s employer’s contract claim is not well-founded and fails.[2]By consent, the claimant’s claim of unauthorised deduction of wages (top up of furlough) is well founded and succeeds. The respondent shall pay the claimant £2,299.34 (gross, subject to deduction of income tax and national insurance).[3]By consent, the claimant’s claim of breach of contract (non-payment of pension contributions) is well-founded and succeeds. The respondent shall pay the claimant £4,666.66 (gross, subject to deduction of income tax and national insurance).[4]The claimant’s claims of breach of contract (wrongful dismissal/failure to pay notice pay and failure to pay three months’ pay under a Trust and Confidence Agreement) are not well-founded and fail.[5]The claimant’s claim of unauthorised deduction of wages (failure to pay holiday pay) is partially well-founded and succeeds in respect of two days’ outstanding holiday pay, which was conceded by the respondent. The respondent shall pay the claimant £333.34 (gross, subject to deduction of income tax and national insurance). Case No: 1804287/2020(V) 1805347/2020(V)[6]The total amount payable by the respondent to the claimant is £7,299.34 (gross, subject to deduction of income tax and national insurance).[7]The correct name of the respondent is FGS Services (UK) Limited and the Tribunal’s records shall be amended accordingly. Note: This has been a remote hearing. The parties did not object to the case being heard remotely. The form of remote hearing was V - video. It was not practicable to hold a face to face hearing because of the Covid19 pandemic.