Mr V Pepelov v Minhoco 64 Ltd (In Voluntary Liquidation) and Secretary of State for Business Energy and Industrial Strategy: 2201559/2024
JUDGMENT
[1]The complaint of unauthorised deductions from wages is well-founded. The First Respondent made an unauthorised deduction from the Claimant’s wages in the period of November 2023.[2]The Respondents shall pay the Claimant £2884.50, which is the gross sum deducted. The Claimant is responsible for the payment of any tax or National Insurance.[3]The complaint of breach of contract in respect of the balance of the Claimant’s notice pay (the period from 1 December 2023 to 21 December 2023) is wellfounded.[4]The Respondents shall pay the Claimant £2019.15 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.[5]The complaint in respect of holiday pay is well-founded. The First Respondent was in breach of contract in failing to pay the Claimant for 13.5 days holiday accrued but not taken on the date the Claimant’s employment ended.[6]The Respondents shall pay the Claimant £1298.02 as damages for breach of contract. This is the gross sum and the Claimant is responsible for the payment of any tax or National Insurance. NB: The value of a gross day’s pay of £96.15 has been calculated using the September 2023 payslip provided by the Claimant which evidenced this as the daily rate of pay. PHCM Order 1 of 2 September 2023 Case Number: 2201559/24