Mr H Torres v TDH Ltd T/a Sun Studio.London: 2303177/2023
JUDGMENT
[1]The correct title of the Respondent is TDH Limited trading as Sun Studio.London.[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 1 January to 31 March 2023.[3]The Respondent shall pay the Claimant £4737.87, which is the net sum deducted (3 months x net monthly pay of £1579.29). The Respondent is responsible for the payment of any tax or National Insurance on this amount.[4]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 Case Number: 2303177/23 2 the Claimant for holidays accrued but not taken on the date the Claimant’s employment ended.[5]The Respondent shall pay the Claimant £240.57 net representing 3.3 days accrued holiday at a daily rate of pay of £72.90 (£18,951.48 net annual salary divided by 260). The Respondent is responsible for paying any tax or National Insurance. (Please note that this is a net figure and so it differs from the figure given orally at the hearing).[6]The complaint of breach of contract in relation to four weeks’ notice pay is not well founded and it does not succeed.[7]The complaint of breach of contract in relation to fuel expenses is well-founded and it succeeds.[8]The Respondent shall pay the Claimant a total sum of £1211.82 in relation to his fuel costs.[9]The total sum awarded to the Claimant is £6190.26. __________________________ Employment Judge Siddall Date: 14 December 2023. 2303177/2023 EMPLOYMENT TRIBUNALS Claimant: Mr H Torres Respondent: TDH LTD t/a Sun Studio.London CERTIFICATE OF CORRECTION Employment Tribunals Rules of Procedure 2013 Under Rule 69, the judgment sent to the parties on 18 December 2023 is corrected as set out in paragraph one of the corrected judgment. ________________________ Employment Judge Siddall Date: 9 May 2024 Important note to parties: Any dates for asking for written reasons, applying for reconsideration or appealing against the judgment are not changed by this certificate of correction and corrected judgment. These time limits still run from the date the original judgment or reasons were sent, as explained in the letter that sent the original judgment. Case Number: 2303177/23 1 THE EMPLOYMENT TRIBUNAL Claimant: Mr H Torres Respondent : TDH LTD t/a Sun Studio.London Held at: Croydon (By video) On: 14 December 2023 Before: Employment Judge Siddall Representation: For the Claimant: In person For the Respondent: Mr D Tumanyan CORRECTED JUDGMENT The judgment of the Tribunal is as follows:[1]The correct title of the Respondent is TDH LTD trading as Sun Studio.London.[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 1 January to 31 March 2023.[3]The Respondent shall pay the Claimant £4737.87, which is the net sum deducted (3 months x net monthly pay of £1579.29). The Respondent is responsible for the payment of any tax or National Insurance on this amount.[4]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.[5]The Respondent shall pay the Claimant £240.57 net representing 3.3 days accrued holiday at a daily rate of pay of £72.90 (£18,951.48 net annual salary divided by 260). The Respondent is responsible for paying any tax or National Insurance. (Please note that this is a net figure and so it differs from the figure given orally at the hearing).[6]The complaint of breach of contract in relation to four weeks’ notice pay is not well founded and it does not succeed. Case Number: 2303177/23 2[7]The complaint of breach of contract in relation to fuel expenses is well-founded and it succeeds.[8]The Respondent shall pay the Claimant a total sum of £1211.82 in relation to his fuel costs.[9]The total sum awarded to the Claimant is £6190.26.