C Ewenson v E H Jewellers Ltd Formerly Known as Emson Haig Ltd T/a Emson Haig (in Creditors Voluntary Liquidation): 3201385/2023
JUDGMENT
[1]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages in the period 22 May 2023 to 26 June 2023[2]The respondent shall pay the claimant £3288.00 (5 weeks at £548.00 per week), which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance. Notice Pay[3]The complaint of breach of contract in relation to notice pay is well-founded.[4]The respondent shall pay the claimant £548.00 as damages for breach of contract. This figure has been calculated using gross pay to reflect the likelihood that the claimant will have to pay tax on it as Post Employment Notice Pay. Case Number: 3201385/2023 Holiday Pay[5]The complaint in respect of holiday pay is well-founded. The respondent made an unauthorised deduction from the claimant's wages by failing to pay the claimant for holidays accrued but not taken on the date the claimant’s employment ended.[6]The respondent shall pay the claimant £328.80. The claimant is responsible for paying any tax or National Insurance. Employment Judge C Lewis 9 February 2024 Notes Reasons for the judgment were given orally at the hearing. Written reasons will not be provided unless a party asked for them at the hearing or a party makes a written request within 14 days of the sending of this written record of the decision.