Mr R Larkin v MDA Products Ltd: 2403328/2017
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The respondent has made unauthorised deductions from the claimant's wages in respect of pay and tax refunds and is ordered to pay the claimant the net sum of £7206.92 (comprising £4065.08 under paragraph 4 of the grounds of claim, £2646.84 under paragraph 5 and £495.00 under paragraph 10).[2]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the net sum of £441.14.[3]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the net sum of £1641.04.[4]Pursuant to Section 38 of the Employment Act 2002, the respondent is ordered to pay the claimant the gross sum of £1152.00 representing two weeks’ gross pay for nonprovision of a statement of particulars of main terms of employment.[5]No order for costs is made under Rule 75(1)(b) following the Supreme Court ruling in R (on the application of UNISON) v Lord Chancellor 2017 UKSC 51, but the attention of HMCTS will be drawn to the fact that the claimant has paid a fee which is to be refunded. The details of the repayment scheme are a matter for HMCTS.[6]The hearing listed on 19 September 2017 is cancelled.