Mr M Anwar v Garsdale Knitwear Ltd (in Creditors Voluntary Liquidation): 2416410/2018
JUDGMENT
[1]The claimant’s employment terminated on 17 October 2018.[2]The respondent made an unlawful deduction from the claimant’s wages for August, September and October 2018 and is ordered to pay the claimant the gross sum of £2,075.20 unlawfully deducted from his pay.[3]The complaint of breach of contract in relation to notice pay succeeds and the respondent is ordered to pay the claimant the sum of £1,315.44 as compensation for breach of contract. This award takes account of the likelihood that the claimant will be taxed on this figure as Post Employment Notice Pay.[4]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment in the sum of £1,315.44 under Part XI Employment Rights Act 1996.[5]The unfair dismissal complaint is well founded. The claimant was unfairly dismissed. No basic award is made. The respondent is ordered to pay the claimant a compensatory award of £475.22 in respect of loss of earnings after dismissal.[6]The respondent made an unlawful deduction from the claimant’s wages on termination by not paying him for one week of accrued but untaken annual leave and is ordered to pay the claimant the gross sum of £187.92 unlawfully deducted from his pay.[7]These awards are increased by four weeks’ pay in the sum of £751.68 for failure to provide a written statement of the main terms of employment.[8]The recoupment regulations do not apply.[9]The total amount awarded by this judgment is £6,120.90.