Mr M Weishaupt v The RQ Cafe Ltd: 2206861/2022
JUDGMENT
[1]The claimant’s claim for unfair dismissal fails and is dismissed as he did not have two years’ continuous service.[2]The claimant’s claim for holiday pay succeeds. The respondent is ordered to pay to the claimant the gross amount of £673.10 or pay the claimant a net amount after paying the income tax and NIC to HMRC, for 5 days accrued holiday entitlement (daily rate £134.62 x 5 = £673.10 based on 9.5 weeks period.[3]The claimant’s claim for notice pay succeeds. The claimant is entitled to one week’s notice which is calculated at £673.10 gross pay based on an annual salary of £35,000. The respondent is ordered to pay to the claimant the gross amount of £673.10 or pay the claimant a net amount after paying the income tax and NIC to HMRC.[4]The claimant’s claim for an unauthorised deduction from wages relating to pay for hours worked succeeds. The respondent is ordered to pay to the claimant the gross amount of £3651.20 or pay the claimant a net amount after paying the income tax and NIC to HMRC. This figure has been calculated based on 671 hours worked at £14 per hour = £9394; 10.2 Judgment - rule 61 February Case No: 2206861/2022 less payments received by the claimant made by the respondent totalling £4724.26; less income tax and NIC deducted from the claimant’s pay in his pay slips for June (£651.01) and July ( £367.53) amounting to £1018.54.[5]The total gross amount payable to the claimant by the respondent is £4997.40. EJ Isaacson