Mr J Roberts v Defacto GG76 Ltd (in Voluntary Liquidation) Formerly Group Garner Ltd: 3307809/2023
JUDGMENT
[1]The claimant’s claim for unauthorised deduction of wages is well founded and the respondent is ordered to pay him the gross sum of £2,400 (subject to Tax and National Insurance).[2]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the gross sum of £3,000 (subject to Tax and National Insurance).[3]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages in the net sum of £946.44.[4]The respondent has failed to provide the claimant with itemised pay statements and the respondent is ordered to pay him a monetary award in the gross sum of £20,790.16.[5]The claimant’s claim for a redundancy payment is dismissed.REASONS
[1]The claimant was paid £78,000 per annum or £6,500 gross per month, £4,101.23 net per month. That represents £1,500 gross, £946.44 net per week.[2]The claimant was not paid for 4 weekends. 8 days x £300 per day = £2,400 gross.[3]In the absence of information about the claimant’s contractual holiday year and entitlement, the holiday year has been taken from his start date, 5 Case Number: 3307809/2023 Janaury and his entitlement the statutory 28 days. 4 January 2023 – 2 June 2023 is 6 months so the claimant would have accrued 14 days holiday or 2 weeks. 2 x £1,500 = £3,000 gross.[4]The claimant had a statutory right to 1 week’s notice. 1 x £946.44 = £946.44 net damages.[5]The claimant was not provided with itemised pay statements. The claim was presented on 9 July 2023 and the 13 weeks preceding that would begin on 9 April 2023. 9 April 2023 to the date of the end of the claimant’s employment on 2 June 2023 is 8 weeks. The claimant had 8 weeks of unnotified deductions of Tax and National Insurance. £6,500 - £4,101.23 = £2,598.77. As there has been a total failure, the maximum award is appropriate. 8 x £2,598.77 = £20,790.16 gross.[6]The claimant was not employed for 2 years and so did not qualify for a redundancy payment. Employment Judge Alliott Date: 2 May 2024 Recording and Transcription Please note that if a Tribunal hearing has been recorded you may request a transcript of the recording, for which a charge may be payable. If a transcript is produced it will not include any oral judgment or reasons given at the hearing. The transcript will not be checked, approved or verified by a judge. There is more information in the joint Presidential Practice Direction on the Recording and Transcription of Hearings, and accompanying Guidance, which can be found here: https://www.judiciary.uk/guidance-and-resources/employment-rules-and-legislation-practicedirections/