Mr A Shah v Greystoke Property Management Ltd and Mr A Baker: 3314962/2020
JUDGMENT
[1]All claims against Mr Ali Baker, the second respondent, are dismissed.[2]The Claimant’s employer was the first respondent, Greystoke Property Management Ltd (hereafter, “the Respondent”).[3]The claim for unauthorised deduction from wages succeeds. The wages properly payable for the period 1 June 2020 to 13 September 2020 were £624 per calendar month and the Respondent made an unauthorised deduction by paying only £300 per calendar month. The aggregate deduction was £1132.40 gross.[4]The Claimant was entitled to 8 weeks notice and received 8 weeks notice. The shortfall in payments for that notice period is addressed by the unauthorised deduction from wages decision, and no separate award for breach of contract is made.[5]The Claimant used no annual leave during the partial leave year which commenced 1 January 2020 and ended on 13 September 2020. His entitlement under Regulation 14 the Working Time Regulations 1998 is (5.6 x 257/365 x [week’s pay]). Since his week’s pay was £144, that works out as £567.80 gross.[6]The Claimant was not dismissed by reason of redundancy and is not entitled to a redundancy payment. Case No: 3314962/2020[7]The Claimant was not unfairly dismissed.[8]Therefore, in respect of the successful complaints mentioned above, the Respondent is ordered to pay the Claimant the total gross sum of £1700.20. If the Respondent is obliged to make PAYE deductions on this amount, then it satisfies the judgment by making the full payment to the Claimant, net of (only) any such lawfully required PAYE deductions.