Mr N Gori v Fams Group Ltd T/a Mumbai7: 6002324/2024
JUDGMENT
[1]The complaint of unlawful deduction of wages is upheld. The Respondent must pay to the Claimant the sum of £3,859.99.[2]A calculation of the sum is at appendix one attached to this judgment.[3]The unfair dismissal complaint is dismissed because the Claimant did not have two years of continuous service.[4]The Respondent conducted its response to the wages claim unreasonably because it knew it had no defence to the claim. Nevertheless, I exercised my discretion not to make a preparation time order. Employment Judge Moor Dated: 19 December 2024 Case Number: 6002324/2024 CALCULATION OF AWARDa. A. Accrued but untaken holiday Effective Date of termination 7.2.24 Holiday year 1 April – 31 March Paid holiday entitlement 5.6 weeks Net pay per calendar month = £1831.42 Net weekly pay = 18131.42 x 12/52 = £442.63 Proportion of Holiday year elapsed 1.4.23-7.2.24 = 44 weeks 4 days 44.57/52 = 0.86 of holiday year elapsed Total entitlement to holidays in last holiday year = 0.86 x 5.6 wks = 4.8 weeks Paid Holidays taken 3-18 Jan 24 = 16 days = 2.28 weeks 5,6,7 Feb 24 = 3 days = 0.42 weeks Total paid holidays taken = 2.7 weeks Amount of holidays accrued but untaken 4.8 – 2.7 = 2.1 weeks. Amount holiday outstanding net = 2.1 x 422.63 = £887.52b. B. Unpaid wages January and February 2024 January net = £1831.42 February 1-7 Feb inclusive minus 4 Feb (unpaid leave) = 6 days 6/29 x 1831.42 = £378.91c. C. Unpaid pension contributions Claimant’s pension contributions = 90.67 Employer’s pension contributions = 54.50 Total = £145.17 per calendar month Not paid for September 2023 – 7 February 2024 = 5.25 months 5.25 x 145.17 = £762.14 Total of A + B + C £3859.99