Miss A Fraga v Remus Corporation UK Ltd: 3201032/2021
JUDGMENT
[1]The claimant’s claim of unlawful deduction from wages under Section 13 of the Employment Rights Act 1996 is well founded and I make a declaration to that effect. The Respondent is ordered to pay the claimant the sum of £3953.[2]The claimant’s claim for breach of contract in relation to non-payment of accrued but untaken holiday pay succeeds. The respondent is ordered to pay the claimant the sum of £701.39.[3]The claimant’s claim for breach of contract in relation to non-payment of employer pension contributions succeeds. The respondent is ordered to pay the claimant the sum of £776.[4]The claimant’s claim for breach of contract in relation to non-payment of notice pay fails.REASONS
[1]There is no reasonable prospect of the original decision being varied or revoked, because the respondent accepts all the claims against it.[2]Specifically, the respondent accepts that there was an unlawful deduction from wages with regard to the claimant’s salary due from 1 February 2021 until 5 March 2021.[3]The respondent accepts that they were in breach of contract in relation to nonpayment for accrued but untaken holiday up to the date of dismissal.[4]The respondent accepts that they were in breach of contract in relation to nonpayment of employer’s pension contributions.[5]Reconsideration of the judgment is not necessary in the interests of justice given that the respondent’s accepts all claims against it. Furthermore as the respondent has accepted that they were in breach of the claimant’s contract of employment at the time of her resignation their counterclaim for breach of contract against the claimant is bound to fail.