Mr D Welsh v Mr C Jackson T/a The Complete Heating Co: 4103304/2023
JUDGMENT
The Judgment of the Tribunal is:- (First) That the claimant’s complaints of Unauthorised Deduction from Wages contrary to the provisions of section 13 of the Employment Rights Act 1996 succeed. (Second) That the respondent shall make to the claimant a payment of £424.61, being a sum equivalent to the hourly shortfall of 76 pence, ETZ4(WR) between the hourly rate of £4.05, at which the claimant was paid, and the then applicable national minimum wage for persons under the age of 18 of £4.81 per hour, across the 558.7 hours worked by the claimant between 31st October 2022 and 29th January 2023 inclusive. (Third) That the respondent shall pay to the claimant the sum of £432.90 gross, being the amount equivalent to a deduction made (wages withheld) by the respondent for the 90 hours worked by the claimant between 30th January and 14th February 2023 inclusive, at the then applicable national minimum wage for persons under 18 of £4.81 per hour. (Fourth) That the respondent shall make payment to the claimant in the gross sum of £215, being a sum equivalent to the deduction made by the respondent in respect of the claimant’s accrued proportionate but, as at the Effective Date of Termination of his Employment 14th February 2023, as yet untaken 7.1 days of paid annual leave entitlement at a daily gross rate of £30/day. (Fifth) The sums at paragraphs (First), (Second) and (Third) above to be paid, by the Respondent to the Claimant, without deduction of Employee’s National Insurance Contribution or Income Tax and the Claimant to account to Her Majesty’s Revenue and Customs for any Income Tax and or Employee’s National Insurance Contributions due.