Mr A Baharie and Mr M Moore v Thomas Albert Simpson (T/a Fleet Services North East: 2501847/2024 and Others
JUDGMENT
The judgment of the Employment Tribunal is as follows:[1]In accordance with rule 30 of the Employment Tribunals Rules of Procedure 2024 the above claims shall be considered together.[2]The claimants’ complaints under section 23 of the Employment Rights Act 1996 that the respondent made unauthorised deductions from their wages contrary to section 13 of that Act (in that he did not pay either of them the wages that were respectively due to them under their contracts of employment during the period 25 March 2024 to 1 September 2024) are both well-founded.[3]In respect of those unauthorised deductions the respondent is ordered to pay to each of the claimants the sum of £8,338.36.[4]When these proceedings were begun, the respondent was in breach of his duty under section 1(1) of the Employment Rights Act 1996 to give either of the claimants a written statement of initial employment particulars. With reference to section 38 of the Employment Act 2002 there are no exceptional circumstances that make an increase in the above award unjust or inequitable and it is just and equitable to increase that award by an amount equal to four weeks’ gross pay. In Case Numbers: 2501847/2024 2501848/2024 2501849/2024 2501850/2024 accordance with that section the increase in the above award that the respondent shall therefore pay to each of the claimants £1,538.48.[5]The total sum that the respondent is therefore ordered to pay to the claimants is as follows:a. Mr Baharie £9,876.84b. Mr M Moore £9,876.84.[6]The above sums have been calculated by reference to the gross pay of the respective claimants and any liability to tax or employee’s national insurance contributions shall be the liability of that particular claimant alone.REASONS
Reasons for the above Judgment having been given orally at the hearing, and no request having been made at the hearing, written reasons will not be provided unless a written request is presented within 14 days of the sending of this written record of the Judgment.