Mr Simon Burdus v Durham Bed Centre Ltd: 2503150/2018
JUDGMENT
[1]There is a declaration that the respondent made unauthorised deductions from the wages of the claimant in the following amounts:1.1 By failing to pay commission to the claimant throughout his employment. The amount of the unlawful deduction was £655.00p gross and the respondent is ordered to pay that sum to the claimant forthwith. The claimant is to account to the appropriate authorities for any income tax and employee national insurance contributions due in respect of that sum when received by him.1.2 By failing to pay the sum of £100.85 in respect of net wages due to the claimant in respect of the week ending 13July 2018. The respondent is ordered to pay that sum to the claimant forthwith. The respondent is to account to the appropriate authorities for all income tax and employee national insurance contributions deducted from that sum.1.3 By deducting pension contributions from the wages of the claimant and failing to pay over to the relevant pension provider. The amount of the deduction was £129.35 and the respondent is to pay that sum to the claimant forthwith.1.4 By failing to pay holiday pay to the claimant on the termination of his employment. The amount of that deduction is £728.28 gross and the respondent is ordered to pay that sum to the claimant forthwith. The claimant is to account to the appropriate authorities for any income tax and employee national insurance contributions due in respect of that sum when received by him.[2]There is an award to the claimant of £821.44 (2 weeks gross pay of £410.72 per week) pursuant to section 38(3) of the Employment Act 2002 to reflect the breach by the respondent of section 1(1) and /or section 4(1) of the Employment Rights Act 1996 (failure by the respondent to provide written particulars of the employment to the claimant within 2 months of the start of his employment). The respondent is ordered to pay that sum to the claimant forthwith.[3]The total sum due to the claimant from the respondent is £2434.92p and is payable forthwith.