Mr Z Miah v Black Moon Lounge Ltd: 3201628/2024
JUDGMENT
[1]The Respondent having failed to present an ET3 Response within the requisite time period, judgment is entered under Rule 22 Employment Tribunal Procedure Rules 2024. Wages[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 June 2024.[3]The respondent shall pay the claimant £804.30 which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance. Notice Pay[4]The complaint of breach of contract in relation to notice pay is well-founded. Case Number: 3201628/2024[5]The respondent shall pay the claimant £318 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. Holiday Pay[6]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.[7]The respondent shall pay the claimant £718.13. The claimant is responsible for paying any tax or National Insurance.[8]The Employment Protection (Recoupment of Benefits) Regulations 1996 do not apply. Interest[9]The total amount owed to the Claimant by the Respondent is £1,840.43.[10]Interest will accrue at a rate of 8% per annum on any amount of this award that remains unpaid 14 days after the date of this Judgment: see Employment Tribunal (Interest) Order 1990 and s17 Judgments Act 1838. This means if the whole amount remains unpaid it will accrue interest at a rate of £0.40 per day. Employment Judge Howden-Evans 31 January 2025 Note 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.