Mr D Galpin v N Khalid and N K Property Empire Ltd: 1807265/2020
JUDGMENT
[1]The claimant’s claims for unauthorised deduction from wages and breach of contract against the first respondent are well founded.[2]The first respondent shall pay to the claimant the gross sum of £2,092.80 being the amount of the unauthorised deduction from wages properly payable to the claimant in respect of wages for the period between 1 October and 7 November 2020.[3]The first respondent shall pay to the claimant the gross sum of £409.84 being the amount of the unauthorised deduction from wages properly payable to the claimant in respect of 47 hours of accrued but untaken holiday pay owed to the claimant in respect of holiday accrued between 1 September and 7 November 2020.[4]The first respondent shall pay to the claimant the gross sum of £383.68 being an amount equivalent to one week’s pay as damages for breach of contract, as the claimant resigned with immediate effect on 7 November 2020, in circumstances where he was entitled to resign in response to the first respondent’s fundamental breach of contract and treat himself as having been dismissed.[5]The Tribunal awards £1,534.72 (four weeks’ pay) to the claimant in respect of the first respondent’s failure to provide the claimant with a written Case No: 1807265/2020 statement of particulars of employment. This sum is payable to the claimant by the first respondent.[6]The claimant was employed by the first respondent and was not employed by the second respondent. The claimant’s claims against the second respondent are therefore dismissed.[7]The total gross sum owed to the claimant by the first respondent is £4,421.04. The first respondent shall pay the sum due to the claimant on or before 22 December 2021.REASONS
The application for reconsideration was made more than 14 days after the decision was sent to the parties, and the first respondent has given no explanation for the delay. The reconsideration application is therefore refused.