S A Taylor v Accountants etc Ltd: 6009060/2024
JUDGMENT
[1]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages in the period 24 June 2024 to 2 August 2024.[2]The respondent shall pay the claimant £1617.78, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance.[3]The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015 and it is just and equitable to increase the award payable to the claimant by 10 % in accordance with s 207A Trade Union & Labour Relations (Consolidation) Act 1992. This amounts to an additional £161.78.[4]Total award for unauthorised deductions from pay is £1779.56. Notice Pay[5]The complaint of breach of contract in relation to notice pay is well-founded.[6]The respondent shall pay the claimant £539.26 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. Holiday Pay[7]The complaint in respect of holiday pay is well-founded. The respondent failed to pay the claimant for holidays accrued but not taken on the date the claimant’s employment ended.[8]The respondent shall pay the claimant £337.03. The claimant is responsible for paying any tax or National Insurance.[9]The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015 and it is just and equitable to increase the award payable to the claimant by 10 % in accordance with s 207A Trade Union & Labour Relations (Consolidation) Act 1992. This amounts to an additional £33.70[10]The total award for holiday pay is £370.73 Unfair Dismissal[11]The complaint of unfair dismissal is well-founded. The claimant was unfairly dismissed.[12]There shall be no deduction for contributory fault or blameworthy conduct.[13]The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015 and it is just and equitable to increase the compensatory award payable to the claimant by 10 % in accordance with s 207A Trade Union & Labour Relations (Consolidation) Act 1992.[14]The respondent shall pay the claimant the following sums:(a) A basic award of: £539.26.(b) A compensatory award of: Made up of immediate loss of earnings £643.53 Loss of statutory rights £500[15]The total award for unfair dismissal is £1682.79. Note that these are actual the sums payable to the claimant after any deductions or uplifts have been applied.[16]The Employment Protection (Recoupment of Benefits) Regulations 1996 apply:a. The total monetary award (i.e. the compensatory award plus basic award) payable to the claimant for unfair dismissal is £1682.79b. The prescribed element is £643.53.c. The period of the prescribed element is from 17 August 2024 to 28 March 2025.d. The difference between (a) and (b) is £1039.26. Failure to provide a written statement of employment particulars[17]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 £539.26. Approved by: