Mr J Hempsall v Scratch Repair Company Ltd: 2406956/2023
JUDGMENT
The name of the respondent is amended to that shown above The judgment of the Tribunal is as follows: Wages[1]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages in April 2023 when it failed to pay the claimant wages including overtime and travelling time, and outstanding expenses[2]The respondent shall pay the claimant £2645.27 in respect of unpaid wages, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance.[3]The respondent shall also pay the claimant £144 in respect of unpaid expenses. Notice Pay[4]The complaint of breach of contract in relation to notice pay is well-founded.[5]The respondent shall pay the claimant £2788.45 as damages for breach of contract. This figure has been calculated using gross pay to reflect the likelihood that the claimant will have to pay tax on it as Post Employment Notice Pay. Holiday Pay[6]The complaint in respect of holiday pay is well-founded. The respondent made an unauthorised deduction from the claimant's wages by failing to pay the claimant for holidays accrued but not taken on the date the claimant’s employment ended.[7]The respondent shall pay the claimant £1,338.46. The claimant is responsible for paying any tax or National Insurance. Redundancy Payment[8]Under section 163 Employment Rights Act 1996 it is determined that the claimant is entitled to a redundancy payment of £3346.14.