Mr K Spencer v Fylde Coast Advice and Legal Centre: 2405886/2022
JUDGMENT
[1]The respondent has made unlawful deductions from the claimant's wages by failing to pay to the claimant:a. his wages for March – July 2022 in the total amount of £7,164, andb. for 8 days of accrued but untaken holidays in the total amount of £432.[2]The respondent is ordered to pay to the claimant the gross sum of £7,596.00, in respect of the amount unlawfully deducted, and to account to HMRC for any tax and NI due.[3]The respondent was in breach of contract by failing to make pension contributions on the claimant’s behalf during the claimant’s employment with the respondent and is ordered to pay to the claimant the gross sum of £936, being damages for breach of contract.[4]This judgment does not affect the claimant’s claim for an uplift for the respondent’s unreasonable failure to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures, the claim for £136 for job seeking expenses, and any claim under s.24(2) Employment Rights Act 1996, which claims shall be determined at the final hearing on 24 April 2023.REASONS
[1]By a claim form dated 2 August 2022 the claimant brought complaints of unlawful deduction from wages, holiday pay and breach of contract. The complaints are about the respondent failing to pay to the claimant his salary for March, April, May, June and July 2022 (in the total amount of £5,850), for 8 days of accrued but untaken holiday (£432) and for failure to make pension contributions for the whole period of the claimant’s employment with the respondent (£936).[2]The claimant also seeks 10% uplift for the respondent’s failure to follow the ACAS Code of Practice on Disciplinary and Grievance Procedures in dealing with his grievance, and £136 for job seeking expenses.[3]The respondent entered a response contesting the claims on the basis that it is a small charity and has no funds to pay the claimant. The respondent also contested the amounts claimed by the claimant.[4]However, at the case management preliminary hearing on 31 January 2023, the respondent conceded liability for the principal amounts claimed, while maintaining that it was not liable to pay the 10% uplift.[5]Accordingly, this judgment records the respondent’s conceded liability for the unauthorised deductions from wages and breach of contract and orders the respondent to pay to the claimant the principal amounts claimed.[6]The remaining issues in the case will be decided at the final hearing on 24 April 2023. EMPLOYMENT TRIBUNALS Claimant: Mr Keith Spencer Respondent: Fylde Coast Advice and Legal Centre Ltd HELD AT: Manchester (CVP) ON: 24 April 2023 BEFORE: Employment Judge Ficklin REPRESENTATION: Claimant: In person Respondent: Dr R Heywood The JUDGMENT of the Tribunal is:[1]The total award of £8,532.00 made to the claimant in this matter in Employment Judge Klimov’s judgment dated 31 January 2023 consisting of unpaid salary (£7,164.00), accrued holiday pay (£432.00) and unpaid pension contribution (£936.00) shall be subject to a 20% uplift because the respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures. The respondent is ordered to pay the claimant an additional £1706.40 on that basis.[2]I make a preparation time order in the claimant’s favour for the final hearing that took on 31 January 2023. The respondent is ordered to pay the claimant £126 on the basis of three hours’ preparation time at £42 per hour.[3]The respondent is ordered to pay the claimant £1832.40, in addition to the amounts set out in Employment Judge Klimov’s judgment dated 31 January 2023. Employment Judge Ficklin