Miss K D James and Mr P Kennedy v Brand New Living Ltd: 2409010/2021 and 2409175/2021
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The respondent has made unauthorised deductions from the claimants’ wages and is ordered to pay the claimants the following gross sums: Miss K D James £4459.18 Mr P Kennedy £3076.92[2]The respondent has made unauthorised deductions from wages by failing to pay the claimants in lieu of accrued but untaken holiday entitlement and is ordered to pay the claimants the following gross sums: Miss K D James £1318 Mr P Kennedy £1923.08[3]The respondent is to pay any gross sums for unauthorised deductions from wages less the appropriate deductions for tax and national insurance, if any, for which it must account to HMRC.[4]Miss K D James was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to Miss K D James in the sum of £3076.92. This is a net sum but is based on the claimant’s gross pay because it is likely that upon receipt the claimant will have to pay tax on this amount as Post Employment Notice Pay.[5]The hearing listed on 17 December 2021 is cancelled.