R Meadows v Secret Garden Café (Hull) Ltd: 2501661/2024 and 2501665/2024
JUDGMENT
The judgment of the Tribunal is as follows: Claim 2501661/2024 Wages[1]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages in respect of the period worked or taken as annual leave between 27 April and 12 June 2024 inclusive.[2]The respondent shall pay the claimant £1,740.16, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance. Failure to provide a written statement of employment particulars[3]When the proceedings were begun the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars. There are no exceptional circumstances that make an award of an amount equal to two weeks’ gross pay unjust or inequitable. It is not just and equitable to make an award of an amount equal to four weeks’ gross pay. In accordance with 10.2 Judgment - rule 61 February Case No: 2501661/2024 and 2501665/2024 section 38 Employment Act 2002 the respondent shall therefore pay the claimant £492. Claim 2501665/2024[4]Claim 2501665/2024 is a duplicate of claim 2501661/2024. Judgment has been given in claim 2501661/2024 as set out above. Claim 2501665/2024 is therefore dismissed.