Mr Young and others v Mission Agency Ltd: 2300895/2023 and others
JUDGMENT
The claims were not presented within the applicable time limit, but it was not reasonably practicable to do so. The claims were presented within a further reasonable period. The claims will therefore proceed. Mr Young: 2300895/2023 Notice Pay[1]The complaint of breach of contract in relation to notice pay is well-founded.[2]The respondent shall pay the claimant £2016.14 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. Case No: 2300895/2023 2300911/2023 2300955/2023 2300981/2023 2300975/2023 10.2 Judgment - rule 61 February 2018 Holiday Pay[3]The complaint in respect of holiday pay is well-founded. The respondent made an unauthorised deduction from the claimant's wages by failing to pay the claimant for holidays accrued but not taken on the date the claimant’s employment ended.[4]The respondent shall pay the claimant £1768.46. The claimant is responsible for paying any tax or National Insurance. Redundancy Payment[5]Under section 163 Employment Rights Act 1996 it is determined that the claimant is entitled to a redundancy payment of £1396.14. Mr Lewis: 2300911/2023 Wages[6]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages in the period 1-4 September 2023.[7]The respondent shall pay the claimant £372.31 which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance. Notice Pay[8]The complaint of breach of contract in relation to notice pay is well-founded.[9]The respondent shall pay the claimant £1861.53 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. Holiday Pay[10]The complaint in respect of holiday pay is well-founded. The respondent made an unauthorised deduction from the claimant's wages by failing to pay the claimant for holidays accrued but not taken on the date the claimant’s employment ended.[11]The respondent shall pay the claimant £1768.45. The claimant is responsible for paying any tax or National Insurance. Redundancy Payment[12]Under section 163 Employment Rights Act 1996 it is determined that the claimant is entitled to a redundancy payment of £1861.53. Case No: 2300895/2023 2300911/2023 2300955/2023 2300981/2023 2300975/2023 10.2 Judgment - rule 61 February 2018 Ms Moseley: 2300955/2023 Wages[13]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages in the period December 2021 to 30 August 2023.[14]The respondent shall pay the claimant £4151.95, which is the NET sum deducted.[15]In respect of the period 1-4 September 2023, the respondent shall pay the claimant £320, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance. Notice Pay[16]The complaint of breach of contract in relation to notice pay is well-founded.[17]The respondent shall pay the claimant £1350 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. Holiday Pay[18]The complaint in respect of holiday pay is well-founded. The respondent made an unauthorised deduction from the claimant's wages by failing to pay the claimant for holidays accrued but not taken on the date the claimant’s employment ended.[19]The respondent shall pay the claimant £1183.85. The claimant is responsible for paying any tax or National Insurance. Redundancy Payment[20]Under section 163 Employment Rights Act 1996 it is determined that the claimant is entitled to a redundancy payment of £623.08. Mr F McRobbie: 2300981/2023 Unfair dismissal[21]The claimant’s claim of unfair dismissal is dismissed on withdrawal. His claim is amended to include a claim for arrears of pay. Wages[22]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages in the period January to September 2022. Case No: 2300895/2023 2300911/2023 2300955/2023 2300981/2023 2300975/2023 10.2 Judgment - rule 61 February 2018[23]The respondent shall pay the claimant £3476.54, which is the NET sum deducted. Notice Pay[24]The complaint of breach of contract in relation to notice pay is well-founded.[25]The respondent shall pay the claimant £1333.33 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. Holiday Pay[26]The complaint in respect of holiday pay is well-founded. The respondent made an unauthorised deduction from the claimant's wages by failing to pay the claimant for holidays accrued but not taken on the date the claimant’s employment ended.[27]The respondent shall pay the claimant £1169.23. The claimant is responsible for paying any tax or National Insurance. Ms Gomm-Sutcliffe: 2300975/2023 Wages[28]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages in the period 1 January 2022 to 31 August 2022.[29]The respondent shall pay the claimant £3520.24, which is the NET sum deducted.[30]The respondent also made an unauthorised deduction from the claimant's wages in the period 1 -4 September 2022.[31]The respondent shall pay the claimant £342.46, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance. Notice Pay[32]The complaint of breach of contract in relation to notice pay is well-founded.[33]The respondent shall pay the claimant £2140.38 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. Holiday Pay[34]The complaint in respect of holiday pay is well-founded. The respondent made an unauthorised deduction from the claimant's wages by failing to pay the Case No: 2300895/2023 2300911/2023 2300955/2023 2300981/2023 2300975/2023 10.2 Judgment - rule 61 February 2018 claimant for holidays accrued but not taken on the date the claimant’s employment ended.[35]The respondent shall pay the claimant £1626.69. The claimant is responsible for paying any tax or National Insurance. Redundancy Payment[36]Under section 163 Employment Rights Act 1996 it is determined that the claimant is entitled to a redundancy payment of £2140.38.