Mr S Harwood v Marshalls The Bakers: 2500082/2022
JUDGMENT
[1]The claimant’s claims that he suffered an unlawful deduction from his wages relating to the following are not well founded and are dismissed: Underpayment of wages for weeks commencing 20th and 27th December 2021; 3 days payment in lieu of working Bank Holidays over Christmas and New Year 2021.[2]The claimant’s claim that he suffered an unlawful deduction from his wages relating to tips and gratuities is well founded. The respondent is ordered to pay to the claimant £80 as compensation for the amount unlawfully deducted.[3]The claimant’s claim for payment in respect of accrued but untaken holiday brought pursuant to Regulations 14 of the Working Time Regulations 1998 is not well founded and is dismissed.[4]The claimant’s claim for wrongful dismissal (notice pay) is not well founded and is dismissed. Case No. 2500082/2022[5]The claimant’s entitlement to statutory sick pay is disputed by the Respondent. In Taylor Gordon and Co Limited (T/a Plan Personnel) v Timmons 2004 IRLR 180, it was held that Employment Tribunals have no jurisdiction to consider a claim regarding entitlements to statutory sick pay. That claim is accordingly struck out pursuant to Rule 37 of the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013. Note: This has been a remote hearing. The parties did not object to the case being heard remotely. The form of remote hearing was V - video. It was not practicable to hold a face to face hearing because of the Covid19 pandemic and all issues could be determined in a remote hearing.