Mr D Hughes v The Space Broker Ltd: 4109851/2021
JUDGMENT
[1]The complaint of unauthorised deduction from wages in respect of the claimant’s unpaid wages that were due to be paid to him in March 2020 and in months of July and August 2020 is well founded and the respondent is ordered to pay the claimant the sum of FIVE HUNDRED AND NINETY-SEVEN POUNDS AND THREE PENCE [£597.03] from which tax and national insurance requires to be deducted, provided that the respondent intimates any such deductions in writing to the claimant and remits the sum deducted to Her Majesty’s Revenue and Customs. 2. the complaint of unauthorised deduction from wages in respect of holiday pay between 1 April 2020 and 31 December 2020 is well founded and the respondent is ordered to pay the claimant the sum of FOUR HUNDRED AND FIFTY-FIVE POUNDS AND SIXTEEN PENCE [£455.16] from which tax and national insurance requires to be deducted, provided that the respondent intimates any such deductions in writing to the claimant and remits the sum deducted to Her Majesty’s Revenue and Customs.[3]The claimant’s claim in respect of notice pay payable by the respondent to the claimant does not succeed and is dismissed.[4]Although the claim of unlawful deduction of wages was presented outwith the time limit set down in s23(2) of the Employment Rights Act 1996, the Tribunal was satisfied that that it was not reasonably practicable for the claimant to have presented the claim within the relevant time limit and that the claim was brought within a further period of time that the Tribunal considered to be reasonable. In these circumstances, the Tribunal had jurisdiction to hear the claimant’s claim.REASONS
[1]Oral reasons were given for this judgment at the end of the hearing held via Cloud Video Platform (‘CVP’) hearing.