Mr H Dawkins v Eldacrest Construction (London) Ltd: 3306525/2018
JUDGMENT
[1]The claimant’s claims to compensation for unauthorised deductions from earnings, accrued but untaken holiday pay, notice pay and for a redundancy payment are well founded.[2]The respondent, in the absence of a relevant contractual right, purportedly laid-off the claimant on 28 September 2017 for a period of 15.8 weeks and made unauthorised deductions form the claimant’s wages and is ordered to compensate the claimant in the net sum of £6,478.00.[3]The respondent has failed to pay the claimant in lieu of accrued entitlement to annual leave in the 15.8 week period between 28 September 2017 and 18 January 2018 and is ordered to compensate the claimant in the sum of £850.00 net.[4]The respondent has breached the claimant’s contract of employment by failing to give notice, and failing to compensate the claimant in relation to his accrued paid leave entitlement commencing 1 January 2018 and is ordered to compensate the claimant in the sum of £1,023.08 (notice) and £105.31 (holiday pay) net.[5]The respondent has failed to pay the claimant Statutory Redundancy Pay entitlement in the sum of £1,467.00.[6]The total the respondent must pay the claimant within 14 days is £9,923.39.[7]The claimant must apply for a hearing if he claims to be entitled to more than ordered above. Case Number: 3306525/2018REASONS
[1]The above sums follow from the respondent’s apparent insolvency. The claim for £13,394 loss of earnings does not make sense if the respondent was not trading. The money was not there to earn.