Mr D Noonan v F Kelleher Plant Hire Ltd: 3205565/2021
JUDGMENT
[1]The Claimant’s claim for unauthorised deduction of wages was conceded at the hearing and so that part of the claim is dismissed.[2]The Claimant’s claim under the Working Time Regulations 1998 for unpaid (in the form of underpaid) holiday pay, is well founded, and the Respondent must pay the following sums:2.1 The total amount owed for unpaid holiday pay is £6,085.80 gross. This is to be paid to the Claimant, subject to the Respondent making the appropriate and necessary deductions.2.2 Finally, as the Claimant was an employee but there was an admitted failure to provide him with written particulars of his employment, I must award a minimum of an additional 2 weeks’ pay under s.38 Employment Act 2002. Case Number: 3205565/2021[3]The respondent must therefore pay an additional net sum to the Claimant of £1070.