P Quibell v S A Cawthorne and Ergix Data Communications Ltd: 6001257/2024
JUDGMENT
[1]The claimant was a worker employed by the second respondent.[2]The claimant was not a worker employed by the first respondent.[3]The claimant was not an employee of either of the respondents.[4]The first respondent is dismissed from the proceedings as he has no legal interest in them. Wages[5]The complaint of unauthorised deductions from wages is well-founded.[6]The second respondent shall pay the claimant £3,600, which is the gross sum deducted. (When making the payment to the claimant the second respondent shall make the appropriate deductions for tax and shall account to HMRC for such deduction). Expenses and mileage[7]By reason of the findings in paragraph, 3, the Tribunal as no jurisdiction to consider the claimant’s claims against the second respondent for unpaid expenses and mileage. Failure to provide a written statement of employment particulars[8]When the proceedings were begun the second 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 just and equitable to make an award of an amount equal to two weeks’ gross pay. In accordance with section 38 Employment Act 2002 the respondent shall therefore pay the claimant £1366. Summary[9]The second respondent shall pay the sum of £4,900 to the claimant (less tax upon the amount awarded in paragraph 6) within 14 days of the date this Judgment was sent to the parties recorded below. Employment Judge Brain 9 May 2025 Note Reasons for the judgment were given orally at the hearing. Written reasons will not be provided unless a party asked for them at the hearing or a party makes a written request within 14 days of the sending of this written record of the decision.