Mr C Singleton v In2tgether Ltd: 2411186/2021
JUDGMENT
Upon the respondent failing to present a response to the claimant’s claim and having considered the claimant’s details of the monies claimed in respect of the complaints that he raised in his claim form, Employment Judge Johnson makes the following judgment:[1]The respondent shall pay to the claimant compensation for his complaints of breach of contract, unlawful deduction from wages and holiday pay of £5,865.41 (Five Thousand Eight Hundred and Sixty-Five Pounds and Forty-One Pence) and calculated as follows: Breach of Contract (Notice Pay) The claimant was continuously employed by the respondent for 18 weeks and his gross pay at the effective date of termination was a weekly average of £666.60. He was entitled to a statutory minimum of 1 week’s notice pay = £666.60 (gross) Subtotal for breach of contract £666.60 Unlawful deduction from wages (unpaid wages) The claimant received 4 payments from the respondent or its related businesses between 31 May 2021 and 7 September 2021 relating to salary and totalling £8,167.85. Applying the gross weekly pay of £666.60, the claimant should have received £11,998.80 during his 18 weeks employment. Deducting wages received for this period from the total gross payment, (£11,998.80 - £8,167.85) = £3,830.95 gross Subtotal for unlawful deduction from wages £3,830.95 Holiday Pay The claimant was entitled to 5.6 weeks annual leave each year and over 18 weeks (19 weeks taking into account his notice period), he accrued 0.54 day’s annual leave for each week worked a based upon a day’s gross pay of £133.32. Applying 19 weeks x 0.54 pro rate annual leave x 133.32 gross daily pay = £1367.86 Subtotal for holiday pay £1367.86 Grand total £5,865.41[2]The claimant asserts that he did not receive universal credit or other benefits payments from the Department of Work and Pensions, (‘DWP’). However, given that he has not sought compensation for any period following the expiry of his notice period, it is not anticipated that the provisions for recoupment of benefits will be relevant. However, the respondent should review this position once it has received this judgment.[3]This judgment is made on the basis that the claimant receives gross payments before national insurance and tax are deducted. The claimant must account to Her Majesty’s Revenue and Customs (‘HMRC’) for any tax which is payable once his judgment is satisfied by the respondent.