Mr RFG Eutrope v Roti King Ltd: 2219113/2024
JUDGMENT
The judgment of the Tribunal is as follows: Wages – Pension contributions[1]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages in the period May 2023 and November 2023 for employee pension contributions of £146.80 per month and £110.10 employer contributions for the period from August 2023 to November 2023.[2]Employee contributions £146.80 x 7 = £1027.60.[3]Employer contributions £110.10 x 4 = £440.40.[4]The respondent shall pay the claimant £1468, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance. Notice Pay and Wages[5]The claimant withdrew his claim for notice pay and outstanding salary. These claims are dismissed. Case number 2219113/2024 Holiday Pay[6]The complaint in respect of holiday pay is well-founded. The respondent was in breach of contract in failing to pay the claimant for holidays accrued but not taken on the date the claimant’s employment ended.[7]The respondent shall pay the claimant £4321 as damages for breach of contract. This is the gross value to the claimant of the amount due. The claimant’s annual salary was £74,900. Daily rate = £288 x 15 = £4321[8]The claimant is responsible for paying any tax or National Insurance. Bonus[9]The claimant’s claim for a bonus payment fails and is dismissed.[10]The total gross amount the respondent is ordered to pay to the claimant is £5789.