Mr D Rowe v Merge Traffic Management Ltd: 1805950/2025
JUDGMENT
[2]The respondent made unauthorised deductions from the claimant’s wages in May 2025 and June 2025.[3]The claimant’s claim for holiday pay fails.[4]The claimant’s claim for a statutory redundancy payment fails. The Tribunal makes the following awards in respect of the claimant’s claims. The respondent is ordered to pay to the claimant: Compensation of £42,157.00 for unfair dismissal.[2]A sum of £1,230.78 in respect of sums which were unlawfully deducted from the claimant’s wages in May 2025 and June 2025. The total gross sum due to the claimant is therefore £43,387.78 The respondent is ordered to pay the sums due to the claimant on or before 10 July 2026. A schedule which sets out how the sums which are due to the claimant have been calculated is attached. SCHEDULE – CALCULATION OF AWARDS(1) Unauthorised deductions from wages The claimant was dismissed on 31 July 2025. The respondent made two unauthorised deductions of £615.39 each from the claimant’s wages in May 2025 and June 2025. The total amount of wages which was unlawfully deducted was £1,230.78 (2 x £615.39) Total wages owed = £1,230.78(2) Unfair dismissal Basic award The claimant’s employment with the respondent commenced on 30 January 2023 and ended on 31 July 2025. He was employed for 2 complete years. The claimant was 45 years old as at the termination date, so is entitled to 1.5 weeks’ gross pay for each full year of employment. 2 years x 1.5 x £719 (claimant’s gross weekly wage was £769.24, however the statutory cap on a week’s wage of £719 which applied on 31/07/2025 applies) = £2,157. [Note: Employment Judge Tegerdine mistakenly applied the current cap on a week’s wage (£751) during the hearing, however on reconsideration it is the cap which applied on the date of dismissal (£719) which must be applied]. Total basic award = £2,157 Compensatory award (1) Immediate financial loss The claimant’s net weekly pay was £629. The claimant’s employment came to an end on 31 July 2025. He was paid 4 weeks’ notice pay, so did not suffer any loss until 4 weeks after he was dismissed i.e. until 29 August 2025. The claimant was unemployed between 29 August and 7 September 2025. 1.5 weeks net pay (29 August – 7 September 2025) (1.5 x £629) = £943.50 The claimant briefly secured alternative employment on 8 September 2025, however his employment unexpectedly terminated through no fault of the claimant in 3 weeks. The claimant’s new job came to an end on 28 September 2025. The claimant has been unemployed since that date. 38.5 weeks’ net pay (29 September 2025 – 25 June 2026) (38.5 x £629) = £24,216.50 Loss of statutory rights - £500 Total compensation for immediate financial loss = £25,600.00 (2) Future financial loss The claimant has been unemployed for 9 months. He is actively looking for work. The claimant is expected to find work in 6 months’ time. 26 weeks’ net pay (26 x £629) = £16,354.00 Total compensation for future financial loss = £16,354.00 Total compensatory award = £41,954 COMPENSATORY AWARD IS SUBJECT TO STATUTORY CAP OF 1 YEAR’S GROSS SALARY - £40,000 Total compensatory award after application of statutory cap = £40,000