Mr D Vogiazinos v Sola Fine Dining Ltd and Others: 2201528/2024
JUDGMENT
[1]The Claimant was not a worker or employee of R2 or R3 and the claims against those respondents are not well founded and are dismissed.[2]Wages2.1 The complaint of unauthorised deductions from wages is well-founded. R1 made an unauthorised deduction from the claimant's wages in respect of the periods:2.1.1 15 September 2023 – 15 October 20232.1.2 16 October 2023 to 22 October 20232.2 The amount to be paid by R1 to the Claimant shall be determined at a future hearing on remedy.[3]Notice Pay Case Number: 2201528/2024 2 of 33.1 The complaint of breach of contract in relation to notice pay is well-founded.3.2 R1 shall pay the claimant £3,600 (this is the gross amount) as damages for breach of contract. This figure has been calculated using gross pay to reflect the likelihood that the claimant will have to pay tax on it as Post Employment Notice Pay.[4]Holiday Pay4.1 The complaint in respect of holiday pay is well-founded. R1 made an unauthorised deduction from the claimant's wages by failing to pay the claimant for holidays accrued but not taken on the date the claimant’s employment ended.4.2 R1 shall pay the claimant in respect of 13 days accrued but untaken holiday. The amount of such payment shall be determined at a future remedy hearing.[5]Redundancy Payment 5.1 Under section 163 Employment Rights Act 1996 it is determined that the claimant is not entitled to a redundancy payment.[6]Unfair Dismissal6.1 The complaint of unfair dismissal is well-founded. The claimant was unfairly dismissed.6.2 R1 unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015.6.3 Remedy shall be determined at a future remedy hearing