Z Poyzer v Matthew House Ltd: 6007620/2024
JUDGMENT
Employment Tribunals Rules of Procedure 2024 – Rule 22 The Respondent failed to submit a Response to the claim. Upon hearing evidence from the Claimant, the decision of the Tribunal is as follows: Notice Pay[1]The complaint of breach of contract in relation to notice pay is well-founded.[2]The respondent shall pay the claimant £434.72 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. Wages[3]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages in the period 27 March 2024 – 4 May 2024.[4]The respondent shall pay the claimant £125.84, 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 £277.99. The claimant is responsible for paying any tax or National Insurance Written Itemised Pay Statements[7]The respondent failed to give the claimant written itemised pay statements as required by section 8 Employment Rights Act 1996 in the period 27 March 2024 – 4 May 2024.[8]The respondent made unnotified deductions totalling £838.55 from the pay of the claimant in the 13 weeks prior to presentation of the claim form. The respondent shall therefore pay the claimant £500 in respect of those deductions. Failure to provide a written statement of employment particulars[9]When the proceedings began the respondent was not in breach of its duty to provide the claimant with a written statement of employment particulars. This claim is therefore dismissed.