S Jones v New Hope Care Ltd: 2400828/2025
JUDGMENT
[1]The claim was presented in the Manchester Employment Tribunal on 2nd March 2025. The respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made of the claim, or part of it, in accordance with rule 22 of the Rules of Procedure. Wages[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 1st February 2025 to 31st March 2025.[3]The respondent shall pay the claimant £5,850.00 (£675.00 x 52 weeks - £35,100 divided by 12 = £2,925.00 per month x 2 months) which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance not deducted by the respondent. Breach of Contract[4]The complaint of breach of contract in relation to notice pay is well-founded.[5]The respondent shall pay the claimant £4,725.00 (£675 per week multiplied by 7 weeks) as damages for breach of contract. This figure has been calculated using gross pay to reflect the likelihood that the claimant will have to pay tax on it as Post Employment Notice Pay.[6]The complaint of breach of contract in relation to the failure to forward pension contributions to the pension scheme is also well-founded. The respondent is ordered to pay the claimant the sum of £3,500.00 as damages for that breach. Holiday Pay[7]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.[8]The respondent shall pay the claimant £2,430.00 (£675.00 per week divided by 5 = £135.00 per day x 18 = £2,430.00). The claimant is responsible for paying any tax or National Insurance. Total[9]The respondent must pay the claimant £16,505.00 in total. Approved by: