Miss A Gruda v Pataka Ltd: 2301292/2023
JUDGMENT
[1]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages due to be paid on 5th February 2023.[2]The respondent shall pay the claimant £650.50, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance. Holiday Pay[3]The complaint in respect of holiday pay is well-founded. The respondent failed to pay the claimant in accordance with regulation 14(2) and/or 16(1) of the Working Time Regulations 1998.[4]The respondent shall pay the claimant £709.68. The claimant is responsible for paying any tax or National Insurance. Claim no: 2301292/2023 Failure to provide a written statement of employment particulars[5]When the proceedings were begun the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars. There are no exceptional circumstances that make an award of an amount equal to two weeks’ gross pay unjust or inequitable. It is just and equitable to make an award of an amount equal to four weeks’ gross pay. In accordance with section 38 Employment Act 2002 the respondent shall therefore pay the claimant £1,182.80. Employment Judge L Clarke 24th October 2023 Note Reasons for the judgment were given orally at the hearing. Written reasons will not be provided unless a party asked for them at the hearing or a party makes a written request within 14 days of the sending of this written record of the decision.