Mr M Patel v Go North West Ltd: 2411803/2023
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The respondent has failed to respond to the notice of this claim sent to its registered address on 10 October 2024. As a consequence Employment Tribunal Rule 21 applies.[2]The complaint in respect of holiday pay is well-founded. The respondent made an unauthorised deduction from the claimant's wages by failing to pay the claimant for 3 days annual holidays accrued in the gross sum of £554.61[3]The complaint of unauthorised deductions from wages in relation to holiday pay paid is well-founded. The respondent made an unauthorised deduction in the gross sum of £258.93.from the claimant's wages when he was paid some holiday pay but not all that he was entitled to in relation to holiday taken in June 2023.[4]ACAS uplift: The respondent made unlawful deductions of £813.54. In light of all of the circumstances in this case it is just and equitable to increase the amount payable by 25% because of the respondent’s unreasonable failure to comply with the ACAS Code. No explanation has been offered by the respondent for the failure and I have taken into account that there has been a history of non-compliance with the Code when this claimant has raised concerns about underpayment of holiday pay in the course of his employment which makes this repeated failure particularly egregious. The total gross amount payable in this respect is £203.39.[5]The respondent shall pay the claimant the total sum of £1016.93 within 14 days. The claimant is responsible for paying any tax or National Insurance.