Mr J Grzegorzewicz v FJ Poole Ltd T/a Lis Chinese: 6004721/2024
JUDGMENT
[1]The Claimant was a worker within the meaning of section 230 Employment Rights Act 1996.[2]The Claimant was not an employee and was not a self-employed contractor within the meaning of section 230 Employment Rights Act 1996. Unauthorised deductions from wages[3]The Claimant’s complaint of unauthorised deductions from wages is not well-founded and is dismissed. Holiday Pay[4]The Claimant’s complaint in respect of holiday pay is well-founded. The Respondent made an unauthorised deduction from the claimant's wages by failing to pay the Claimant for holidays accrued but not taken on the date the claimant’s employment ended.[5]The Respondent shall pay the Claimant £1176.82. The Claimant is responsible for paying any tax or National Insurance. Breach of contract[6]The Claimant’s breach of contract claim is not well founded and is dismissed. Failure to provide a written statement of employment particulars[7]When the proceedings were begun the 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 is just and equitable to make an award of an amount equal to four weeks’ gross pay. In accordance with section 38 Employment Act 2002 the respondent shall therefore pay the claimant £600.00.[8]The total amount now payable to the claimant by the respondent is therefore £1776.88. Approved by: