Mr C Biro v BDR Enterprise Ltd and others: 3201334/2023
JUDGMENT
[1]The name of the respondent is BDR Enterprise Limited. The claims against all other respondents are dismissed.[2]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages in the period 1 June 2023 – 31 July 2023.[3]The respondent shall pay the claimant £5542, which is the net sum deducted. This is the net amount that the claimant is to receive from the respondent. The respondent must account to HMRC for any outstanding tax or National Insurance (if any).[4]The respondent shall also pay the claimant £500 to compensate the claimant for financial loss attributable to the unauthorised deduction.[5]I find that the respondent is in breach of its duty to give the claimant a written statement of particulars of employment or a change to those particulars. I find that it is just and equitable to award 4-weeks’ pay being the gross sum of £5000. The respondent must make any deductions that are due for tax and national insurance contributions before payment is made to the claimant. Case Number: 3201334/2023[6]The Claimant’s claim for a redundancy payment and notice pay are not wellfounded as these claims had not yet arisen as at the date of this claim. The claimant remained in the respondent’s employment at the date of the issue of the claim and there is no application to amend.[7]The employment tribunal cannot award the claimant the income tax or pension refund.