Mr B Campbell v S McAndrew T/a Osbourne Motor Transport and Caribou: 2500958/2022 and 2500959/2022
JUDGMENT
The Judgment of the Employment Tribunal is as follows:[1]All claims against the second respondent are dismissed.[2]The claimant’s claim of unauthorised deduction of wages pursuant to section 13 of the Employment Rights Act 1996 is well-founded. The first respondent is ordered to pay to the claimant the sum of £564.38 gross (subject to any deductions of tax and national insurance the respondent may be obliged to make).[3]The claimant’s claim for accrued holiday pay pursuant to regulation 14 of the Working Time Regulations 1998 is well-founded. The first respondent is ordered to pay to the claimant holiday pay in the sum of £338.61 gross (subject to any deductions of tax and national insurance the respondent may be obliged to make).[4]The claimant is awarded 2 weeks gross pay under section 38 of the Employment Act 2002 for failing to provide the claimant with a section 1 statement. The first respondent is ordered to pay to the claimant the sum of £1128.76.[5]The claimant’s claim for notice pay is not well-founded and is dismissed.[6]The claimants claim for breach of contract is not well-founded and is dismissed.[7]The claimant’s claim for compensation for stress and anxiety is not well-founded and is dismissed. Case No:2500958/2022 2500959/2022[8]Total award = £2031.75 The Employment Protection (Recruitment of Benefits) Regulations 1996 do not apply. Employment Judge Arullendran Date: 10 October 2022 Note: Reasons for the judgment having been given orally at the hearing and no request for written reasons having been made at the hearing, written reasons will not be provided unless a written request is presented by either party within 14 days of the sending of this written record of the decision. Case No:2500958/2022 2500959/2022 EMPLOYMENT TRIBUNALS Claimant: Mr B Campbell Respondent: Sean McAndrews trading as Osbourne Motor Transport Heard at: Newcastle CFCTC On: 28 February 2023 Before: Employment Judge Arullendran Representation: Claimant: In person Respondent: Mr D Morris (solicitor)[1]The claimant’s claim of unauthorised deduction of wages pursuant to section 13 of the Employment Rights Act 1996 is not well-founded and is dismissed.[2]The claimant’s claim for accrued holiday pay pursuant to regulation 14 of the Working Time Regulations 1998 is not well-founded and is dismissed[3]The claimant’s claim for notice pay is not well-founded and is dismissed.[4]The claimants claim for breach of contract is not well-founded and is dismissed.[5]The claimant’s claim for compensation for stress and anxiety is not well-founded and is dismissed.