Mr G Rustean v K3 Business Technologies Ltd (In Administration): 3305517/2020
JUDGMENT
[1]The Claimant’s complaint that there was an unauthorised deduction from wages in respect of unpaid wages for the period 1 to 24 April 2020, one month’s pay in lieu of notice and holiday pay is well founded and is upheld.[2]The Tribunal awards the following sums payable by the Respondent, which are awarded gross and the Claimant is responsible for any income tax and employee national insurance contributions which may become due:2.1 for unpaid wages - £2,827.922.2 for one month’s notice pay - £3,5842.3 for 5.5 days’ accrued holiday pay - £648[3]The Claimant has a right to a statutory redundancy payment and is awarded the sum of £3,228.[4]The Respondent was in breach of contract in failing to make payments due for wages for 1 to 24 April 2020, notice pay and holiday pay. The damages for breach of contract are combined with the award for unauthorised deduction from wages to ensure the Claimant is not doubly compensated and therefore no further award is made.[5]The claim of unfair dismissal is well founded and the Claimant was unfairly dismissed. The Tribunal determined that a 100% deduction applies pursuant to the case of Polkey v AE Dayton Services Ltd [1987] IRLR 50 and therefore no compensatory award is made. The Basic Award is reduced by the amount of the statutory redundancy payment awarded and 10.2 Judgment - rule 61 February 2018 Case No: 3305517/2020 therefore no further award is made.[6]The Respondent is ordered to pay the above sums.