Mr R Balcombe v Economic Skips Ltd: 2302067/2017
JUDGMENT
[1]The name of the Respondent is amended to the name set out above.[2]The Claimant was not dismissed and his claim for unfair dismissal therefore fails.[3]The Claimant’s claims for unauthorised deduction from wages and breach of contract (based on failure to pay national minimum wage) are well-founded and the Respondent is ordered to pay to the Claimant the following sums:3.1 For the period 1 October 2015 to 31 March 2016: £1,271.873.2 For the period 1 April 2016 to 31 March 2017: £5,373.333.3 For the period 1 April 2017 to 4 July 2017: £1,855.003.4 For extra hours over Christmas and New Year 2016/17: £22.40 Total: £8,522.60[4]The Respondent is also ordered to pay to the Claimant the further sum of £978, ie two weeks’ pay capped at the statutory maximum, pursuant to section 38 of the Employment Act 2002 in light of the Respondent’s failure to provide the Claimant with any written statement of terms and conditions of employment.