Mr D Wells v Supreme Recreation Ltd: 2410789/2019
JUDGMENT
[1]The claimant’s claim for unlawful deduction from wages contrary to section 13 of the Employment Rights Act 1996 is successful.[2]The claimant worked as a chef with the respondent from 17 July 2018 to 20 June 2019. The claimant was guaranteed 35 hours per week at £7.70 per hour and worked 5 days a week. The holiday year ran from 1 January 2019 to 31 December 2019.[3]The amount awarded to the claimant for the non-payment of wages from 7 June 2019 – 13 June 2019 is £269.50 gross. The amount awarded to the claimant for the non-payment of wages from 14 June 2019 to 17 June 2019 is £215.60 gross. The amount awarded to the claimant for the remaining one day of his notice period is £53.90 gross. The amount awarded to the claimant for non-payment of average overtime during the period 7 June 2019 – 20 June 2019 is £146.30 gross. The amount awarded to the claimant in accrued holiday pay up to 20 June 2019 is £700.70 gross. The cumulative total of compensation for unlawful deduction from wages is £1386 gross.[4]The claimant was not provided with written particulars of employment. In accordance with section 38(4) of the Employment Act 2002, I make an award to the claimant equivalent to 4 weeks gross pay of £1078.