Mr G Green v Olive and Herbs Ltd: 2410899/2023
JUDGMENT
[1]The respondent made unauthorised deductions from the claimant’s final salary payment for August 2023 contrary to Part II of the Employment Rights Act 1996. The following unauthorised deductions were made:-a. An unauthorised deduction of £278.10 gross for losses claimed to have been caused to the respondent.b. An unauthorised deduction of £432.10 gross for the period 1-6 August 2023.c. An unauthorised deduction of £365.88 gross for the period 28- 31 August 2023.d. A failure to make a payment for untaken holidays that had accrued by the date of termination of the claimant’s employment (31 August 2023). The claimant had accrued 0.9 weeks holiday. He had taken 0.25 weeks holiday leaving 0.75 of 0.9 weeks untaken. The amount of pay owing (and therefore deducted) for these accrued untaken holidays is £493.27 gross.[2]The respondent is ordered to pay to the claimant the total amount of £1569.35 gross. Unfair Dismissal[3]Section 108 of the Employment Rights Act 1996 requires a claimant to have not less than 2 years’ service to make an unfair dismissal complaint. The claimant was employed by the respondent for less than 2 years. The complaint of unfair dismissal is dismissed.