Ms L Butterworth v S Mycock and others: 2304678/2021 and others
JUDGMENT
[1]The claimant’s claim of unlawful deduction of wages against the first respondent is well-founded and the claimant is awarded:1.1 £2,267.20 wages (subject to deductions for tax and National Insurance) to be paid by the first respondent to the claimant.1.2 £45.34 to reflect the pension contributions due, to be paid by the first respondent to the claimant.[2]The claimant was entitled to a payment of £244.16 holiday pay (subject to deductions for tax and National Insurance) to be paid by the first respondent to the claimant.[3]The claimant is awarded an uplift of £348.80 to be paid by the first respondent to the claimant (4 weeks’ pay due to the failure to provide written particulars of employment).[4]The total award to be paid by the first respondent to the claimant is £2,905.50 (subject to the above deductions for tax and National Insurance). PHCM Order (NEW August 2020) 1 of 2 August 2020 Case Numbers: 2304678/2021; 2304681/2021; 2304682/2021[5]An award of costs of £60 was made to reflect the first respondent’s failure to produce a copy of his own documentation for this hearing, relying on the claimant’s solicitor to do it on his behalf. Second respondent[6]The claim for breach of contract is upheld and the claimant is awarded damages of £10,704.68.[7]This sum consists of £2354.84 net wages outstanding for the period JanuaryMarch 2020 and £8349.84 net wages outstanding for the period April – October 2020. Payment of tax and National Insurance has already been made.[8]The claimant was entitled to accrued untaken holiday pay of £1,344 (subject to the appropriate deductions for tax and National Insurance).[9]The claimant’s claim of unlawful deduction of wages is well-founded and the claimant is awarded £540 pension contributions to be paid by the second respondent to the claimant.[10]The total award to be paid by the second respondent to the claimant is £12,588.68 (subject to the above deductions for tax and National Insurance).