Mr Kieran Pattni v Hitshomes Ltd and Others: 2600130/2018
JUDGMENT
[1]The respondents’ contractual claim against the claimant is dismissed on its merits, on the basis that no evidence was presented to the tribunal in support of it.[2]The first respondent breached the claimant’s contract by failing to compensate the claimant for accrued but untaken holiday, not paying a fuel allowance, deducting a sum of £200 from the claimant’s wages, and failing to reimburse the claimant for sums he had paid on its behalf and at its request. The respondent must pay the claimant a total sum of £1,802.41 as damages for breach of contract.[3]The first respondent made unauthorised deductions from the claimant’s wages, in that it paid him below the national minimum wage rate, and the first respondent must pay him further sums of: £3,287.40, being the amount of the deductions; £106.84, being compensation pursuant to section 24(2) of the Employment Rights Act 1996 (“ERA”).[4]Pursuant to ERA section 12(3), it is declared that the pay statements provided by the first respondent to the claimant did not contain the particulars of deductions required to be included by ERA section 8.[5]No order is made under ERA section 12(4).[6]The first respondent failed fully to comply with ERA sections 1 and 4 in relation to the claimant and must pay him a further sum of £1,381.80 pursuant to 1 of 2 Case No: 2600130/2018 2402464 section 38 of the Employment Act 2002, being an amount equal to 4 weeks’ pay.[7]The total sum that must be paid by the first respondent to the claimant is £6,578.45[8]This judgment takes effect on 15 June 2018.[9]Reasons were given orally at the hearing. Written reasons will not be provided unless asked for by a written request presented by any party within 14 days of the sending of the written record of the decision. 23 June 2018 ..................................................................................... ...................................................................................... 2 of 2