Mr M Sutton v M Bentley and S Bentley T/a Mark Bentley Haulage: 2415045/2021
JUDGMENT
[1]Mark Bentley & Sarah Bentley T/A Mark Bentley Haulage is added as a Respondent and substitutes the originally named Respondent (Mark G Bentley) under rule 34 of the Employment Tribunals Rules of Procedure 2013. This is because Mrs Bentley identified the substituted name as the correct title for the business. The substituted Respondent has been aware of the ongoing proceedings as they are the individual that was originally named as the Respondent and his business partner, Mrs Bentley, who was present at the hearing.[2]The claimant’s claim for unpaid wages in respect of working a week in hand is well founded. The claimant is due a week’s pay due to working a week in hand for the period 1/6/2021-4/6/2021. The respondent made an unauthorised deduction from wages for failing to pay the claimant the week in hand owed on termination of employment and is ordered to pay the claimant the sum of £750.[3]The claimant’s claim for breach of contract for unpaid parking fines and truck stop payments is not well founded and is dismissed.[4]The claimant’s claim for unauthorised deductions in respect of diesel is well founded and the respondent is ordered to pay the claimant the sum of £110.[5]The claimant’s claim for holiday pay is well founded. The respondent made an unauthorised deduction from wages for failing to pay the claimant in lieu of accrued but untaken annual leave on termination of employment and is ordered to pay the claimant the sum of £600. This comprises reimbursement of the deduction of £150 from the final salary and £450 in respect of accrued but untaken annual leave.[6]The total sum payable to the claimant is therefore £1,460. This is a gross payment and the respondent is to deduct income tax and national insurance contributions properly payable in respect of such sum before making payment to the claimant and is to pay over such sums deducted to the appropriate authorities.