Mr Nathan Bennett v Rackstar Ltd (in creditors voluntary liquidation): 2501162/2018
JUDGMENT
[1]The name of the respondent is amended to Rackstar Limited (In creditors’ voluntary liquidation).[2]The claim of breach of contract – wrongful dismissal advanced by the claimant relying on the provisions of the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 (“the 1994 Order”) is well-founded. The respondent is ordered to pay to the claimant £336.00 damages for breach of contract in respect of unpaid notice pay.[3]The claim for a declaration of unauthorised deduction from wages advanced by the claimant relying on the provisions of Part II of the 1996 Act is well-founded and the respondent is ordered to pay to the claimant forthwith the sum of £98.84 in respect of unpaid wages.[4]The total amount payable by the respondent to the claimant is £434.84 and is payable forthwith.REASONS
[1]The claimant was employed as an apprentice by the respondent under a contract which began on 28 April 2017 and was due to end on 4 May 2018. In the event the contract was terminated on 29 March 2018 when the respondent ceased to trade and it subsequently entered into creditors’ voluntary liquidation on 19 July 2018. The claimant was paid at the national minimum wage for an apprentice namely £3.50 per hour.[2]This claim was advanced 23 May 2018.[3]The claimant told me this morning that he has received from the liquidators since these proceedings began two amounts namely £356.16 in August 2018 in respect of unpaid wages and £84 in September 2018 in respect of notice pay. It is not clear how those sums were calculated.[4]I am satisfied that the claimant’s contract provided for him to receive four weeks’ notice pay and in fact he received none. He was paid £105 per week (30 hours x £3.50) and there were no deductions for income tax or national insurance. I am satisfied that in the four-week notice period the claimant received no income from any source including state benefits. The claimant is entitled to £420 in respect of notice pay from which I deduct £84 already received leaving £336 payable.[5]I am satisfied that the claimant was dismissed on what was pay day for the month of March 2018 and no wages were paid to him for that month. He was paid 12 times each year and his outstanding salary for March was £455 (£105 x 52 /12). From this I deduct £356.16 received in August 2018 leaving a balance payable of £98.84. EMPLOYMENT JUDGE A M BUCHANAN