Mr J Lynskey v Stock Lease Ltd and Aarla Catering Ltd: 2400043/2019
JUDGMENT
[1]The claimant was employed by the first-named respondent.[2]The claim against the second-named respondent is dismissed.[3]The complaints of unauthorised deductions from wages and unpaid holiday pay are well-founded.[4]The respondent is ordered to pay the claimant compensation in the following sums: 4.1. £4,306.94 in respect of wages 4.2. £471.52 in respect of holiday pay[5]It is recorded that these sums have been calculated gross and may be taxable in the hands of the claimant.[6]The respondent failed to give the claimant a written statement of particulars of employment in breach of section 1 of the Employment Rights Act 1996. Pursuant to section 38 of the Employment Act 2002 the sums awarded under paragraph 4 above are increased by the amount of 4 weeks’ pay in the sum of £508 per week.[7]The first respondent is therefore ordered to pay the claimant the further sum of £2,032.00.[8]The sums awarded under paragraphs 4 and 7 above, totalling £6,810.46, shall be paid by the first respondent to the claimant on or before 27 March 2019.