L Milton-Barker v Clearway Drainage Systems Ltd: 2405925/2021
JUDGMENT
[1]The Claimant’s claim for unfair (constructive) dismissal is well-founded and the Tribunal finds that he was unfairly dismissed. The Respondent shall pay to the Claimant the sum of £1,460, consisting of:a. A basic award of £960 gross; andb. An award for loss of statutory rights of £500.[2]The Claimant’s claim for breach of contract is well-founded and succeeds. The Respondent shall pay to the Claimant notice pay of £1,440 gross.[3]The Claimant’s claim for unlawful deductions from wages is well-founded and succeeds. The Respondent shall pay to the Claimant the sum of £10,185.57, such consisting of:a. £20 net for a security charge;b. £2,162.94 net for deductions from 27th May to 27th December 2020;c. £346.80 net for damage to a spiral cutter;d. £69.72 net for PPE;e. £1,750 net for insurance excess;f. £3,551.67 gross in respect of underpayment of wages; andg. £2,284.44 gross in respect of unlawfully deducted breaks.[4]The Respondent has failed to pay the Claimant’s holiday entitlement and shall pay to the Claimant the sum of £870 gross.[5]The Claimant’s application for a preparation time order is allowed and the Respondent shall pay to the Claimant the sum of £410.[6]The total amount payable to the Claimant pursuant to paragraphs 1, 2, 3, 4 and 5 above is therefore £14,365.57.