Mr B Mills v BAU Mechanical Electrical Plumbing Ltd (in creditors’ voluntary liquidation): 3314407/2022 Mr B Mills v BAU Mechanical Electrical Plumbing Ltd (in creditors’ voluntary liquidation): 3314407/2022
JUDGMENT
Employment Tribunals Rules of Procedure 2024 – Rule 22[1]The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the gross sum of £1938.46.[2]The respondent failed to pay the claimant the expenses required by his contract and the respondent is ordered to pay damages to the claimant in the sum of £100.20.[3]These sums include the Claimant’s entitlement to holiday, and the claim for interest is dismissed.[4]Provided it properly accounts to HMRC for the relevant sums, the respondent may satisfy the above judgment by making the payments net of any PAYE deductions that it is lawfully obliged to make. However, the payments must be without any other deductions or set off whatsoever.REASONS
[1]The Claimant was entitled to salary of £42,000 per year which is £807.69. He was also entitled to expenses. He was entitled to paid time off on bank holidays, plus a further 20 days as annual leave. His days of work were Monday to Friday.[2]The claimant was not paid for the last 3 weeks of employment, namely Monday 12 September 2022 to Friday 30 September 2022. Case No: 3314407/2022[3]Within that period, apart from weekends (which were non-working days), there were:a. 8 days on which he worked as normal, for which the Claimant was entitled to normal pay.b. A bank holiday (19 September 2022), for which the Claimant was entitled to normal pay.c. Three days which were holiday (26 September to 28 September), for which the Claimant was entitled to normal pay.d. Three days (23 September, 29 September, 30 September) which were sickness absence. The Claimant was entitled to SSP only when off sick. Those 3 days did not meet the criteria for any SSP payment, and so the Claimant is not entitled to any payment from the Respondent for those days.[4]Thus the Claimant is entitled to 3 weeks salary, less 3 days (0.6 week). So that is 2.4 weeks x £807.69 per week which is £1938.46.[5]He also incurred, and was entitled to be reimbursed for, expenses of £100.20 (as identified and explained in his email with attachments of 2 June 2025). Approved by :