Mr G Deacon v BCS Credit Ltd (In liquidation): 3311182/2023
JUDGMENT
[1]The complaint of unfair dismissal is well-founded. The Respondent shall pay the Claimant the following sums: 1.1. A basic award of £2893.50 1.2. A compensatory award of £33,436[2]The Employment Protection (Recoupment of Benefits) Regulations 1996 apply: 2.1. The total monetary award (i.e. the compensatory award plus basic award) payable to the claimant for unfair dismissal is £36,329.50 2.2. The prescribed element is £33,436. 2.3. The period of the prescribed element is from 18 August 2023 to 10 June 2.4. The difference between(1) and(2) is £2893.50.[3]The complaint of breach of contract in relation to holiday pay is well founded. The Respondent shall pay the Claimant without deduction £1524.66 gross, taxable in the hands of the Claimant.[4]The complaint in respect of holiday pay is well-founded. The Respondent shall pay the Claimant without deduction £2423 gross, taxable in the hands of the Claimant.[5]The complaint of unauthorised deductions from wages is well-founded. The Respondent shall pay the Claimant £6494.50 consisting of: 5.1. 7 days unpaid wages in the sum of £711.50 calculated net, and 5.2. Deducted but unpaid employer and employee NEST pension contributions in the sum of £5783.[6]When the proceedings were begun the Respondent was in breach of its duty to provide the Claimant with a written statement of employment particulars. There are no exceptional circumstances that make an award of an amount equal to two weeks’ gross pay unjust or inequitable. It is just and equitable to make an award of an amount equal to four weeks’ gross pay. In accordance with section 38 Employment Act 2002 the respondent shall therefore pay the claimant £2572. Approved by: