Mr P Xiouri v Asurit Ltd: 3306905/2018
JUDGMENT
[1]The claimant’s employment ended on 13 February 2018.[2]The claimant’s salary was amended in the service agreement on 1 July 2017 to an annual salary or £33,000.[3]The claimant’s probation period having been extended on 2 June 2017, ended on 3 September 2017.[4]The claimant was entitled to the use of a company car until the termination of employment on 13 February 2018.[5]The claimant was entitled to a wage during his notice period from 9 November 2017 to 13 February 2018.[6]The claimant was entitled to the benefit of his employer’s pension contributions for the period of his notice, being from 9 November 2017 to 13 February 2018.[7]The claimant having accrued leave during his notice period, was entitled to a payment on termination for such accrued leave, which remained untaken at the time of termination. Case Number: 3306905/2018 2[8]On the parties agreeing to calculate the sums going to remedy, the issue of remedy is reserved pending the parties agreeing and furnishing the calculations to the tribunal. _____________________________ Employment Judge Henry Date: ………18.06.19…………….. Sent to the parties on: ..20.06.19....... ............................................................ For the Tribunal Office Note Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. Case Number: 3306905/2018 1 EMPLOYMENT TRIBUNALS Claimant Respondent Mr P Xiouri v Asurit Limited Heard at: Watford, via Teams video link On: 18 June 2020 Before: Employment Judge Hyams, sitting alone Appearances: For the claimant: Mr P Paschali, solicitor For the respondent: Mr G Ridgeway, representative REMEDY JUDGMENT The claimant having not been paid wages or any other emoluments when he was entitled to be paid by the respondent all contractual benefits during the period from 9 November 2017 to 13 February 2018 inclusive, is entitled to the following sums, which are subject to the deduction of income tax and national insurance contributions by the respondent under regulations 37 and 37A of the Income Tax (Pay As You Earn) Regulations 2003, SI 2003/2682 (the manner of calculation of each such sum being stated in brackets): 1 £8,389.10 by way of unpaid salary at the rate of £33,000 gross per year (£33,000 x 97/365); 2 £380.76 by way of accrued holiday pay (3 days’ holiday pay, at the agreed daily gross rate of £126.92); 3 £703.46 in relation to the loss of the car provided by the respondent to the claimant in respect of his employment with the respondent (97/365 of the Case Number: 3306905/2018 2 annual value of £150 per month grossed up to take account of income tax and national insurance, i.e. £220.59 x 12 = £2647.06 x 97/365); and 4 £94.12 in respect of the failure by the respondent to make contributions of £80 to the claimant’s pension fund (80% of £80, multiplied by 100/68 to take account of the incidence of income tax and national insurance contributions).