Mr R Allan v TSR Manchester Ltd (in voluntary liquidation): 2403498/2023
JUDGMENT
[1]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages on 30 November 2022.[2]The respondent shall pay the claimant £3,000, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance.[3]The complaint of unfair dismissal is well-founded. The claimant was unfairly dismissed.[4]The respondent shall pay the claimant the following sums:(a) A basic award of £2,855.(b) A compensatory award of £17,878.56. Note that these are actual the sums payable to the claimant after any deductions or uplifts have been applied.[5]The Employment Protection (Recoupment of Benefits) Regulations 1996 do not apply. Non-compliance with ACAS Code[6]The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015 and it is just and equitable to increase the compensatory award payable to the claimant by 25 % in accordance with s 207A Trade Union & Labour Relations (Consolidation) Act 1992. Failure to provide a written statement of employment particulars[7]When the proceedings were begun the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars. There are no exceptional circumstances that make an award of an amount equal to two weeks’ gross pay unjust or inequitable. It is just and equitable to make an award of an amount equal to four weeks’ gross pay. In accordance with section 38 Employment Act 2002 the respondent shall therefore pay the claimant £571.