A Leung and Dr Y B A Wan v London Laboratory Ltd: 2225551/2024 and 2225553/2024
JUDGMENT
[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 from 1st to 5th September 2024. The gross sum deducted was £634.62. The Claimant also incurred financial loss attributable to the unauthorised deduction in the total net sum of £128.28.[2]The complaint of breach of contract in relation to notice pay is well-founded. The Claimant was entitled to be paid one month’s notice pay in the gross sum of £2,750 but the Claimant was not paid anything in respect of notice pay.[3]The Claimant had taken 25 days paid holiday but had only accrued 17 days entitlement at the time of his dismissal. He was therefore overpaid in respect of holiday pay in the gross sum of £1,015.38 and the Respondent had a contractual right to recoup the overpayment. 2225551/2024 & 2225553/2024[4]The Respondent shall pay to the Claimant the total sum of £2,497.51 comprising the gross sum of £634.62 in respect of unpaid wages, the gross sum of £1,734.62 damages for breach of contract and the net sum of £128.28 compensation for financial loss. The claimant is responsible for the payment of any tax or National Insurance. In respect of the Second Claimant:[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 from 1st November 2023 to 5th September 2024 by underpayment of salary. The Claimant was contractually entitled to a salary of £72,000 p/a gross but was paid on the basis of a salary of £65,000 gross. The gross sum deducted was £12,357.66. However, the Respondent subsequently made net payments to the Claimant totalling £6,632.26. The total gross sum outstanding in respect of unpaid wages is therefore £5,725.40.[2]The complaint of breach of contract in relation to notice pay is well-founded. The Claimant was entitled to be paid one month’s notice pay in the gross sum of £6,0000 but the Claimant was not paid anything in respect of notice pay.[3]The complaint of breach of contract in relation to failure to pay expenses is wellfounded. The Claimant was entitled to be reimbursed for expenses in the net sum of £337.90 but this was not paid.[4]The Respondent shall pay to the Claimant the total sum of £12,063.30 comprising the gross sum of £5,725.40 in respect of unpaid wages, the gross sum of £6,000 damages for breach of contract for unpaid notice pay and the net sum of £337.91 damages for breach of contract for unpaid expenses. The claimant is responsible for the payment of any tax or National Insurance. Approved by: