Mr D Warwick v Nattrav Ltd: 2500549/2017
JUDGMENT
[1]The claim for breach of contract in respect of unpaid notice pay is not well founded and is dismissed.[2]The claim for a declaration is respect of unpaid wages is well founded and the respondent is ordered to pay to the claimant £1624.72 in respect of sums unlawfully deducted from the wages of the claimant. This sum includes an amount of £871.60 equal to two weeks’ pay under section 38(3) of the Employment Act 2002 because when these proceedings were begun the respondent was in breach of its duty to the claimant under section 1(1) and/or section 4(1) of the Employment Rights Act 1996.[3]The claim in respect of unpaid holiday pay is well founded and the respondent is ordered to pay to the claimant £1049.41 in respect of unpaid holiday pay.[4]The payments ordered to be paid to the claimant in respect of unlawful deductions namely £753.12 (£1624.72 less £871.60) and in respect of unpaid holiday pay namely £1049.41 represent gross payments and the claimant is to account to the appropriate authorities in respect of any income tax and employee national insurance contributions due in respect of such Case Number: 2500549/2017 sums. For the avoidance of any doubt, no such liability exists in respect of the sum of £871.60 being the award pursuant to section 38(3) of the Employment Act 2002.[5]The total sum due from the respondent to the claimant is £2674.13 and is payable forthwith. EMPLOYMENT JUDGE A M BUCHANAN