Mr M Burton-Bowen v Hybrid Fitness Support Ltd (in voluntary liquidation) Secretary of State for Business and Trade: 2301658/2024
JUDGMENT
The judgment of the Tribunal is as follows: Addition of the Secretary of State[1]Pursuant to Employment Tribunal Rule 96 the Secretary of State for Business and Trade is treated as party to this claim as it may involve a payment out of the National Insurance Fund. Wages[2]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages in the period 30 September 2023 – 1 November 2023.[3]The respondent shall pay the claimant £3,666, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance. Claim Number: 2301658/2024 Notice Pay[4]The complaint of breach of contract in relation to notice pay is well-founded.[5]The claimant has recovered the sum owed from the Insolvency Service and so no financial award is made. Holiday Pay[6]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.[7]The claimant has recovered the sum owed from the Insolvency Service and so no financial award is made. Redundancy Payment[8]Under section 163 Employment Rights Act 1996 it is determined that the claimant was entitled to a redundancy payment of £1,929 however the claimant has recovered the sum owed from the Insolvency Service and so no financial award is made. Unfair Dismissal[9]The complaint of unfair dismissal is well-founded. The claimant was unfairly dismissed.[10]The respondent shall pay the claimant the following sums:(a) The claimant has received a statutory redundancy payment and so no basic award is made.(b) A compensatory award of £7,739.[11]The Employment Protection (Recoupment of Benefits) Regulations 1996 do not apply.