Mr Z Khan v Café Aylanto Ltd: 2405699/2021
JUDGMENT
(1) The Claimant’s claim that the Respondent had made an unlawful deduction from his wages pursuant to section 13(1) of the Employment Rights Act in respect of unpaid holiday pay is unfounded. This means this part of his claim fails.(2) The Claimant’s claim that the Respondent had made an unlawful deduction from his wages pursuant to section 13(1) of the Employment Rights Act in respect of unpaid wages prior to his dismissal is well founded. This means that his claim succeeds.(3) The Respondent is ordered to pay to the Claimant the gross sum of £600.00 in respect of the amount unlawfully deducted calculated as follows: 5 days (4, 5, 6, 7 & 8th January 2021) at £120.00 gross/day = £600.00(4) The Respondent was in breach of contract by dismissing the Claimant without notice.(5) The Respondent is ordered to pay to the Claimant the sum of £2,279.33 (net), for the breach of contract calculated as follows: 1 month’s notice at salary of £526.00/wk net. (Rule 69 correction: gross figure given at oral judgment for 1 week rather than 1 month as found).