Mr P Clayton v Barwarwick Ltd: 2501312/2023
JUDGMENT
[1]The claimant’s complaint that the respondent made deductions from his wages in contravention of section 13 of the Employment Rights Act 1996 on 20 and 27 February 2023 is well founded.[2]The claim concerns a matter to which the ACAS Code of Practice on Discipline and Grievances applies. The respondent unreasonably failed to comply with that Code.[3]When these proceedings were begun the respondent was in breach of its duty to the claimant under section 1(1) of the Employment Rights Act 1996.[4]The respondent must pay to the claimant £2,577.20 made up as follows:a. £1,248.00 deducted from the claimant’s wages in contravention of section 13 of the Employment Rights Act 1996; Case No. 2501312/2023b. plus a 15% increase (£187.20) made under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 in respect of the failure to comply with the ACAS Code;c. plus £1,142, representing two weeks’ pay awarded under section 38 of the Employment Act 2002 for the breach of s1(1) of the Employment Rights Act 1996.[5]The claimant’s complaint about holiday pay is dismissed having been withdrawn by the claimant.