Mr J Crossley v TCH Housing Ltd: 3205435/2022
JUDGMENT
[1]The Claimant’s claims for a failure to pay holiday pay, unlawful deductions from wages, a failure to provide a statement of terms and conditions pursuant to section 1 Employment Rights Act 1996 (ERA) and breach of contract (notice pay) are well-founded and succeed.[2]It is just and equitable to make an award in the higher amount (four weeks’ pay) pursuant to section 38(4)(b) Employment Act 2002.[3]The Respondent is ordered to pay the Claimant the following gross sums:a. Holiday pay £2,169.03b. Unlawful deductions from wages £2,960.28c. Failure to provide s.1 statement £2,284.00d. Breach of contract (notice pay) £2,500.00[4]The Claimant has sustained financial loss attributable to the unlawful deductions from his wages and the Respondent is ordered to pay the additional amount of £500 towards that loss, pursuant to section 24(2) ERA.[5]Judgment is given for the Claimant in the total sum of £10,413.31. This judgment may be satisfied by the Respondent paying to the Claimant the net sum due on the holiday pay, unlawful deductions and notice pay and Case Number: 3205435/2022 accounting to HMRC for tax and national insurance on those amounts. No other deduction is to be made from the awards set out above.