Mr R Zaveckis v Revision Recruitment Ltd: 3311065/2023
JUDGMENT
[1]It was not reasonably practicable for the Claimant to present his claim form in time. Time for presentation is extended to 17 January 2024.[2]The complaints of unauthorised deductions from pay contrary to Part II Employment Rights Act 1996 are well founded. The Respondent made unauthorised deductions from the Claimant’s wages from 27 June 2022 to 16 June 2023, in that the hourly rate paid did not equate to the contractual salary of £23,000. Further, the Claimant was not paid for the period 23.11.22 – 2.12.22. The Respondent is ordered to pay the Claimant the sum of £887.52 (gross).[3]The Respondent made a further unauthorised deduction in that the Claimant’s commission in June 2023 should have been £599.00 (as per the amended payslip) and he was paid the sum of £525.60. The Respondent is ordered to pay the Claimant £73.40 (gross).[4]The Claimant’s claim for holiday pay dating back to 2022 is dismissed as carrying over annual leave was expressly prohibited by the contract of employment and the claim is therefore brought out of time.[5]The Claimant’s request for a clear and comprehensive breakdown of commission payments is dismissed as this is not within the Tribunal’s jurisdiction. Case No: 3311065/2023