Mr O Colton v Kane Funeral Services Ltd: 2408960/2021
JUDGMENT
[1]The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay him the gross sum of £8800.[2]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay the claimant the sum of £700. This is a net figure but has been calculated using gross pay to reflect the likelihood that the claimant will have to pay tax on this amount as Post Employment Notice Pay.[3]The respondent has failed to pay the claimant’s holiday entitlement for untaken holiday on termination of employment and is ordered to pay him the gross sum of £1400.[4]The respondent is ordered to pay to the claimant additional compensation of £1400 for failure to provide him with written statement of employment particulars as required by section 1 of the Employment Rights Act 1996.[5]The Tribunal finds the complaint of a breach of Regulation 10 of the Working Time Regulations (daily rest) well founded.[6]The total sum payable by the respondent to the claimant is £12300.[7]All gross sums shall be payable subject to any deductions for tax and/or National Insurance required by law, save for the notice pay claim.[8]The claims for unfair dismissal and breach of the requirement to be given an itemised pay statement are dismissed upon withdrawal.