Mr D Peck v Fine And Country Management Ltd: 1805493/2018
JUDGMENT
[1]The Claimant has established that he was entitled to holiday pay pursuant to Regulation 15 of the Working Time Regulations 1998 and thus a total of 7.5 12ths of his annual entitlement of 5.6 weeks and therefore a total of £1,584.00 but subject to the findings below as to deduction.[2]The Claimant has established that he has sustained a deduction or withholding from his pay (in respect of accrued pay in the sum of £632.88 for the purposes of section 13 of the Employment Rights Act 1996 (“ERA”) and but subject to the deduction referred to below and therefore not unlawfully.[3]The Claimant has failed to establish a contractual right to overtime and his claim in this respect fails and is dismissed[4]The Claimants claims in respect of inconvenience and in respect of stress/ill health fail as there is no statutory or common law basis of jurisdiction exercisable or justiciable in those issues by this Tribunal.[5]The Claimant has failed to establish breach of contract as alleged in that the terms he relies upon as a contract (dated 2 November 2017 relating to Discretionary Bonus/Profit Share) are not a legally binding contract. Further it follows that in the absence of a claim for breach of an employment contract, the Respondents’ counterclaim for breach of contract under the Employment Tribunals Extension of Jurisdiction (England & Wales) Order 1994 fails and is dismissed. Case No:1805493/2018[6]The Respondent has established that the Claimant has agreed deductions from pay due to him in the sum of £2000.18 and thus this didn’t amount to unlawful deduction or breach of contract.[7]However, the total nominally due to the Claimant is holiday pay of £1,544 and accrued pay of £632.88 totalling £2,176.88 from which the Respondents lawfully deducted £2,000 leaving the sum of £176.88 outstanding in respect of which I award the Claimant Judgment.