Mr P Sadiku v Lasin Ltd (in voluntary liquidation): 3302706/2021
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the gross/net sum of £14263.65 for the period 17 September 2019 to 28 October 2020, as set out in paragraph 16 of the details of claim.[2]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the sum of £392.40 (as set out in paragraph 15 of the details of claim; I am satisfied that the respondent was not making PAYE deductions).[3]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the sum of £1904.69 as set out in paragraph 17 of the details of claim.[4]As alleged at paragraph 18 of the Details of Claim, an uplift of 25% on each of the above, as per section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992, is appropriate because the Respondent unreasonably failed to follow the ACAS code in relation to grievances. (14263.65 + £392.40 + £1904.69) x 0.25 = £4140.185. Therefore the Respondent is ordered to pay the sum of £4140.18.[5]As alleged at paragraph 14 of the details of complaint, an award of 2 weeks wages is appropriate because the Respondent failed to provide a written statement of terms and conditions. The award is made under section 38 of the Employment Act 2002. The Respondent is ordered to pay the Claimant the sum of £784.80. SIGNED: P QUILL