R Ricky v Grey and Black Ltd: 6007210/2024
JUDGMENT
[1]The complaint of unauthorised deductions from wages, regarding the failure to pay the Claimant any wages between 12 March 2024 and 11 April 2024, is well-founded.[2]The Respondent shall pay the Claimant £3,229.16, which is the gross sum deducted. The Claimant is responsible for the payment of any tax or National Insurance. Wages – monthly shortfall[3]The complaint of unauthorised deductions from wages, regarding the monthly shortfall in wages, is well-founded. The Respondent made a series of ongoing unauthorised deductions from the Claimant's wages in the period 11 March 2023 to 11 March 2024.[4]The Respondent shall pay the Claimant £707.33, which is the gross sum deducted. The Claimant is responsible for the payment of any tax or National Insurance. Holiday Pay[5]The 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.[6]The Respondent shall pay the Claimant £894.24. The Claimant is responsible for paying any tax or National Insurance. Breach of Contract - Notice Pay[7]The complaint of breach of contract in relation to notice pay is well-founded.[8]The Respondent shall pay the Claimant £3,129.84 as damages for breach of contract. This figure has been calculated using gross pay to reflect the likelihood that the Claimant will have to pay tax on it as Post Employment Notice Pay. Breach of Contract - Employer pension contributions[9]The complaint of breach of contract in relation to the failure of the Respondent to pay employer pension contributions throughout the Claimant’s employment between 11 March 2023 and 14 April 2024 is wellfounded.[10]The Respondent shall pay the Claimant £1,259.35 as damages for breach of contract. This figure has been calculated using gross pay. The Claimant is responsible for paying any tax or National Insurance. Breach of Contract - Tips[11]The complaint of breach of contract in relation to the failure of the Respondent to pay the Claimant’s his allocation of the tips/service charge between 13 November 2023 and 14 April 2024 is well-founded.[12]The Respondent shall pay the Claimant £1050 as damages for breach of contract. The Claimant is responsible for paying any tax or National Insurance. Approved by: