Mr G Sapola and other v Proactive It Support Ltd (Mr P Ravindran): 3301608/2020 and 3301609/2020
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 The claimant was unfairly dismissed.[2]The claimant has suffered unlawful deductions from his wages.[3]The claimant has not provided a written or an adequate pay statement.[4]The claim succeeds and the remedy to which the claimant is entitled will be determined at a Remedy Hearing, date to be advised. 4. Parties are to prepare for that hearing, I make the following case management orders. 4.1 The claimant will file and serve a schedule setting out the financial losses which he claims in this case together with a copy of all supporting documents by 12th October 2020 Employment Judge Ord _____________________________ Date: 08.09.2020[1]The sum of £528.02 in respect of employer pension contribution arrears. £1,411.41 regarding Unlawful Deduction of Wages. A Basic Award in the sum of £1,076.00. A Compensatory Award in the sum of £500.00.REASONS
[1]The Claimant was employed by the Respondent Company between 27th February 2017 and the effective date of termination of his employment on 31st December 2019. He therefore had two years’ continuous service at the time his employment came to an end. At that time he was 40 years old. The Claimant earned the sum of £2,333.33 gross per month. That sum, in weekly amounts, results in a figure slightly over the statutory gross weekly pay applicable at the time of £538.00 per week. Case Number: 3301608/2020 2[2]Employment Judge Ord granted a Judgment in the Claimant’s favour on 8th September 2020 in respect of his Claims of Unfair Dismissal and Unlawful Deduction of Wages.[3]I heard evidence from the Claimant. His monthly net pay whilst employed by the Respondent amounted to the sum of £1,881.41. Two days after his employment came to an end with the Respondent he set up his own business. The Claimant confirmed to me that he suffered no on-going losses after that date. His Compensatory Award therefore is limited to the sum of £500.00 representing loss of statutory rights. His Basic Award is in the sum of £1,076.00 (i.e. two times £538.00).[4]The Claimant had calculated that the Respondent had failed to pay employer pension contributions in the sum of £528.02 and I award that sum in his favour. In addition, he was owed outstanding wages at the time his employment came to an end in the sum of £1,411.41.[5]The sums therefore to be paid by the Respondent to the Claimant are:-(1) A Basic Award in the sum of £1,076.00.(2) A Compensatory Award in the sum of £500.00.(3) A sum representing unlawful deduction of wages owed - £1,411.41.(4) Outstanding pension contributions of £528.02.[6]The Recoupment Provisions do not apply to these awards.