Mr S Mockl v Simpson Furniture (Bury) Ltd and Simpson Interiors Ltd: 2400020/2023
JUDGMENT
[1]The second respondent is the correct identity of the entity that had employed the claimant. The claims brought against the first respondent are dismissed in their entirety.[2]The claimant was paid a gross salary of £26,000 per year. And received £2,166.67 gross pay per month, and £500 gross pay per week.[3]The second respondent made unlawful deductions from the claimant’s wage in the gross sum of £9,558.64. The second respondent is ordered to pay the claimant the gross sum of £9,558.64. This is made up of the following:a. Unpaid wages for November 2022, in the gross sum of £2,166.67.b. Unpaid wages for December 2022, in the gross sum of £2,166.67.c. Unpaid wages for January 2023, in the gross sum of £2,166.67.d. Unpaid wages for February 2022, in the gross sum of £1,000.e. Unpaid holiday pay, outstanding on termination, in the gross sum of £1,300 (equating to 13 days holiday pay).f. Unpaid commission, calculated as per contract, in the gross sum of £758.63.[4]The tribunal is applying a 10% increase on the award made for unlawful deductions from wages, in circumstances where the claimant (alongside others) raised his pay issues with the second respondent, who made no attempt to resolve the matter. This uplift is in the sum of £955.86. The total award for unlawful deduction from wages, taking into account the uplift for failure by the second respondent to comply with ACAS code of practice is £10,514.50.[5]The second respondent has breached the claimant’s contract of employment in respect of contractual notice and in respect of expenses that have arisen during employment. The respondent is directed to pay the claimant the gross sum of £6,500.01 (for notice pay), that being the pay the claimant would have received during his contractual 3 months’ notice and the sum of £503.90 for employment expenses. This is a total sum of £7,003.91.[6]The tribunal is applying a 10% increase on the award made for breach of contract, in circumstances where the claimant (alongside others) raised his pay issues with the second respondent, who made no attempt to resolve the matter. This uplift is in the sum of £700.39. The total award for unlawful deduction from wages, taking into account the uplift for failure by the second respondent to comply with ACAS code of practice is £7,704.30.[7]The total award to the claimant, payable by the second respondent is the sum of £18,218.80.[8]The other matters referred to in the schedule of loss are outside of the jurisdiction of the employment tribunal, and no other awards are made.