Mr A Clarke v Outstone Ltd in creditors voluntary liquidation: 2410928/2023
JUDGMENT
The claimant was an employee within the meaning of section 230 of the Employment Rights Act 1996 and employed by the respondent from June 2016 until 22 August 2023. JUDGMENT The judgment of the Tribunal is:[1]The claimant’s complaint of ordinary unfair dismissal succeeds.[2]The claimant’s complaint of automatically unfair dismissal succeeds.[3]The claimant’s complaint of breach of contract for notice pay succeeds.[4]The claimant’s claim for unauthorised deduction from wages succeeds.[5]The claimant’s claim for holiday pay succeeds.[6]The claimant’s complaint that the respondent failed to provide an itemised pay statement, succeeds. The respondent is ordered to pay to the claimant £ 13,463 made up as follows: 1 and 2: Unfair dismissal basic award / statutory redundancy pay 1 x 7 x week’s gross pay £ 350 section 122 subsection 4 provides that the amount of the basic award shall be reduced by the amount of any redundancy payment awarded by the tribunal in respect of the same dismissal accordingly, the Tribunal awards the claimant statutory redundancy pay and applying section 122 makes a nil basic award. £ 2450 compensatory award Loss of earnings from date of expiry of notice period to date of hearing 11 October 2023 – 25 October 2025 10 working days £ 700 Loss of statutory rights The claimant had 7 ½ years service £ 350 3. Notice pay 7 weeks gross pay for 7 years service 22 August 2023 – 10 October 2023 £ 2450 4: Unauthorised deduction(i) Shortfall between national minimum wage and wages properly payable Claimant was underpaid as follows: 22.8.21 – 4.4.22 £ 1252 8.4 22 – 3.4.23 £ 1745 11.4.23 -22.8.23 £ 1736 £ 4733(ii) failure to pay any wages at all Last two week’s wages £ 350 x 2 = £ 700 Plus 18-22 August = £ 200 £ 900 5: Holiday pay 23 days owing at £ 70 £ 1610 6: Failure to provide payslips This was an employment in which the employer failed to make payments to HMRC. The employer failed to notify of deductions. Using 22/23 as a reference period and figures the claimant provided from HMRC the Tribunal determined the amount of deductions that ought to have been to have been £ 20.68 per week. The respondent failed to notify. The Tribunal awards the aggregate of unnotified deductions for 13 weeks. £ 20.68 x 13 £ 270 ======== £ 13,463 Recoupment The prescribed element: £ 700 loss of earnings for 10 October 2023 to 25 October 2023 The prescribed period: effective date of termination was 22 August 2023, liability and remedy hearing 11 February 2025. The Total Award: Balance: £ 13463 - £ 700 = £ 12 763 When the actual amount of state benefits subject to recoupment if any are known, the Department for Work and Pensions will claim this figure from the prescribed element retained by the respondent and any remaining monies must be paid by the employer to the employee. The immediate loss of earnings is held back , if DWP does not serve a recoupment notice on the employer the total award must be paid to the claimant. If DWP does serve a recoupment notice notifying the employer the value of the state benefits received by the claimant then the employer must pay the value of state benefits received to the DWP and the remaining balance of loss of earnings to the claimant. Approved for promulgation by