P Peat v Helskce Ltd: 2304457/2023
JUDGMENT
[1]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages.[2]The respondent failed to give the claimant written itemised pay statements as required by section 8 Employment Rights Act 1996 in the periods April and May 2023.[3]The claimant’s resignation amounted to a constructive dismissal within the meaning of section 95(1)(c) of the Employment Rights Act 1996. The complaint of unfair dismissal is well-founded. The claimant was unfairly dismissed.[4]The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015 and it is just and equitable to increase the compensatory award payable to the claimant by 25% in accordance with s 207A Trade Union & Labour Relations (Consolidation) Act 1992. Case No: 2304457/2023[5]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.[6]The respondent must therefore pay to the claimant the following sums:a. Basic award £660.00b. Compensatory award i. Loss of net earnings £1,078.00 ii. loss of statutory rights £500 iii. Holiday pay £567.60 iv. Unlawful deductions from wages £470.71 v. 25% Uplift: failure to follow ACAS £654.08 vi. Failure to provide written particulars £880.00 TOTAL £4810.39[7]The claimant is responsible for the payment of any tax or National Insurance.