Mr L S Bishop v Blue Chip Management Ltd: 2416184/2018
JUDGMENT
[1]The claimant suffered unlawful deductions from his wages in May 2018 in the sum of £1,000 representing unpaid sales commission.[2]The claimant raised a grievance about that unlawful deduction but the respondent company failed to follow any of the provisions of a relevant Code of Practice. The Judgment of the Tribunal is that the amount unlawfully deducted by the respondent in the sum of £1,000 should therefore be increased by 25% pursuant to section 207A of the TULRA 1992.[3]The respondent is therefore ordered to pay the claimant the sum of £1,250 representing the unlawful deduction from wages.[4]The claimant was never issued with a statement of main particulars of employment pursuant to section 1 of the Employment Rights Act 1996. The respondent is therefore ordered to pay the claimant the sum of £1,833.32 representing the higher amount of the award prescribed by section 38 of the Employment Tribunals Act 2002[5]The claimant was unfairly dismissed by the respondent. The respondent is ordered to pay to the claimant as compensation for unfair dismissal the total sum of £29,025.04 representing a basic award of £2,062.49, loss of statutory rights in the sum of £500, a Prescribed Element in the sum of £12,155.20 and a Non Prescribed Element in the sum of £14,307.55.[6]The total compensation payable to the claimant under each head of compensation described above is £32,108.36.