Mr A Wijesuriya v Print Installation Ltd and Mr B Bannister: 3201350/2023
JUDGMENT
[1]The Claimant was a worker of the Second Respondent within the meaning of section 230(3)(3) Employment Rights Act 1996. The Claimant was not an employee or worker of the First Respondent.[2]The Second Respondent failed to issue the Claimant with a written statement of particulars at the time that these proceedings were commenced (or since). The Tribunal exceptionally declines to make an award for this failure.[3]The claims for an unauthorised deduction of wages and holiday pay against the First Respondent are not well founded and is dismissed.[4]The claim for an unauthorised deduction of wages against the Second Respondent is well founded and succeeds. The parties agree that the sum owed to the Claimant is £1,225.00 (gross) which includes an agreed sum of £75.00 to represent lost interest and the Second Respondent is ordered to pay this to the Claimant.[5]The claim for accrued but untaken leave (holiday pay) against the Second Respondent is well founded and succeeds. The parties agree that the sum due to the Claimant is £75.00 (gross) and the Second Respondent is ordered to pay this sum. Case Number: 3201350/2023[6]The total sum payable to the Claimant by the Second Respondent within 14 days of this judgment is £1,300.00 gross.[7]There is no order as to costs the Claimant’s application having been refused.