Mr M B Far v Bohemian Hair Salon Ltd: 3303598/2024
JUDGMENT
[1]The name of the respondent was amended by consent to Bohemian Hair Salon Ltd. All records will be amended accordingly.[2]The claim for unlawful deductions from wages is well founded in part.[3]As an award has been made and the respondent breached s1 ERA 1996 and s38 Employment Act 2004 an award for a failure to provide a statement of terms and conditions is also payable. REMEDY[1]The claimant’s rate of pay was £10.42 per hour. It was agreed he would work 7 paid hours a day with 1 hour unpaid rest break, per day, for the normal opening hours of 12-8pm. The daily rate of pay was £72.04 per hour gross. His normal working week agreed was 6 days with one unpaid day off.[2]The claimant worked for only 1 day for which wages were payable on 20 December 2023; from 2-6 January 2024 and from 9 to19 January 2024 (save for 2 days he did 1 of 2 3303598/2024 not work). He was due to be paid for 14 days’ work in total. He was paid by the respondent £500 in cash, £20 in petty cash expenses and £140 by 3 bank transfers, gross. The total gross payment was £660.[3]The balance due to the claimant for unlawful deduction from wages is £1021.16, less the £660 paid, namely £361.16.[4]There are exceptional circumstances such that an award for 2 weeks’ pay for failure to provide a s1 statement would be inequitable as the claimant was uncooperative with regard to provision of his NI number and personal data and this led to a delay in providing a statement. An award of 1 weeks’ pay would be just and equitable. This sum is a further £437.64.[5]The total gross payment due to the claimant is £798.80 payable in 14 days.[6]The Recoupment Regulations do not apply.