Jack Fernandes v Out of Africa Investments Ltd (In Voluntary Liquidation): 2206400/2018
JUDGMENT
[1]The claimant is no longer pursuing the claims for notice and redundancy pay, on the basis that he has received them from the Insolvency Service. The claim for unfair dismissal is withdrawn for the same reason and all three claims are dismissed on the claimant’s withdrawal of them.[2]The respondent made unlawful deductions from the claimant’s wages as set out below, which the respondent is ordered to pay to the claimant on net basis, without deduction of tax:a. in respect of his pay for the period from 1 to 7 August 2018; 1 Case Number 2206400/2018 week’s net pay (including an average ‘tronc’ payment) of £350.72;b. his unpaid tronc payment for July of £224, net:c. pay in respect of 20 days, or 4 weeks’ accrued but untaken holiday, of £1,402.88, again net.d. Pension contributions (both employer and employee contributions, the latter being deducted but never paid into the claimant’s pension) for the period January to August 2018 of £409.60.[3]The total award (2 (a) to (d)) is therefore £2,387.20 net, with no deduction for taxes.