Mr N Wall v Walls & Ceiling Finishes Ltd (In Creditors Voluntary Liquidation) and Secretary of State for Business and Trade (Interested party only): 2406868/2023
JUDGMENT
[1]The claimant was an employee of the first respondent, as defined in section 230 (1) Employment Rights Act 1996. I have accepted the claimant’s unchallenged evidence on this point.[2]The complaint of unauthorised deductions from wages is well-founded. The first respondent made an unauthorised deduction from the claimant's wages as follows:a. in the period 24 February 2021 to 24 February 2023, £7,840 in respect of unpaid holiday, as the claimant’s accrued 56 days holiday during this period, but did not receive any payment for that holiday; andb. in the period February 2023, £700, as the claimant did not receive pay for five days work (on 15th, 16th, 20th, 21st and 24th February 2023) for which he was entitled to be paid £140 per day.[3]I have accepted the claimant’s unchallenged evidence about the unlawful deduction the first respondent made from his wages, as set out in paragraph 2 above.[4]The respondents shall pay the claimant £8,540, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance. Approved by: