Mr D Turek and Others v Housechoice Heating Ltd and Housechoice Ltd: 3200181/2024 and Others
JUDGMENT
[1]The complaints against the first Respondent are not well-founded and are dismissed.[2]The claimants were employed by the second Respondent, Housechoice Ltd. The first Respondent paid the claimant’s tax to HMRC for and on behalf of the second Respondent.[3]The complaints against the second Respondent are well-found and succeed as follows:[4]The complaint of unauthorised deductions from pay contrary to Part II Employment Rights Act 1996 is well-founded, in that the second Respondent made an unauthorised deduction from the Claimants’ pay in respect of wages due: 4.1. on or around 1 November 2023 in respect of the pay period 1 to 31 October 2023; and 4.2. on or around 1 December 2023 in respect of the pay period 1 to 27 November 2023.[5]The second Respondent shall pay the Claimants as follows: 5.1. Mr Cabala, £3,912.net 5.2. Mr Turek; £4,194 net 5.3. Mr Ciupka; £5,131.82 net Holiday pay[6]The second Respondent made an unauthorised deduction from the Claimants pay in respect of holiday accrued but not taken as at the date the Claimant’s employment ended on 27 November 2023.[7]The second Respondent shall pay the Claimants the sums as follows: 7.1. Mr Cabala; 13.6 days, including that which accrued during notice amounting to £1,307.77 net. 7.2. Mr Turek; 16.2 days, including that which accrued during notice amounting to £1,617.89 net. 7.3. Mr Ciupka, 13.6 days including that which accrued during notice, amounting to £1,661.64 net. Breach of contract – notice pay[8]The complaint of breach of contract in relation to notice pay is well-founded.[9]The claimants’ were entitled to 1-month of notice pay each.[10]The second Respondent, shall pay the claimants the following sums. These figures are awarded gross as tax will be payable as Post Employment Notice Pay. The second Respondent is to pay these sums to each claimant following the deduction of tax and national insurance that has not yet been paid. 10.1. Mr Cabala; £2,500 gross. 10.2. Mr Turek, £2,500 gross 10.3. Mr Ciupka, £2,916.67 gross.[11]Breach of contract, Mr Ciupka incurred losses of £700 as a consequence of the second Respondents breach of contract. Damages amounting to £700 are awarded to Mr Ciupka for this loss. Acas Uplift[12]The claimants did not have 2-years of service. The Acas Code does not apply to their dismissal. No award is made for the Respondent’s failure to following the Acas Code of Conduct Remedy[13]The total sum the second Respondent, shall pay to each claimants under this judgment is as follows: 13.1. Mr Cabala: 13.1.1. Unpaid wages : £3,912 net 13.1.2. Holiday pay: £1,307.77 net Total Net £5,129.77 13.1.3. Breach of Contract: £2,500 gross Total Gross £2,500 13.2. Mr Turek:: 13.2.1. Unpaid wages : £4,194 net 13.2.2. Holiday pay: £1,687.89 net Total Net £5,881.89 13.2.3. Breach of Contract: £2,500 gross Total Gross £2,500 13.3. Mr Ciupka 13.3.1. Unpaid wages: £5,131.82 net 13.3.2. Holiday pay; £1,661.64 net 13.3.3. Breach of contract (financial loss): £700 net Total Net: £7,493.46 13.3.4. Breach of contract (notice): £2,916.67 gross Total Gross £2916.67[14]Where tax has not been paid, or not paid in full, the Respondents remain jointly and severally liable for the payment of tax to HMRC. The Respondent (Housechoice Ltd) must pay the claimants the sums ordered within 14-days of the date this judgment is sent to the parties.