J Olopode v New Hope Care Ltd: 6009219/2025 and 6028927/2025
JUDGMENT
[1]The claims were presented in the Manchester Employment Tribunal on 17th March and 5th August 2025. The respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made of the claim, or part of it, in accordance with rule 22 of the Rules of Procedure. Wages[2]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages in the period 1st February 2025 to 31st March 2025.[3]The respondent shall pay the claimant £5,309.43 (£2,384.63 for the month of February 2025 and £2,924.80 for the month of March 2025) which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance not deducted by the respondent. This is the net value to the claimant of the amount due. Breach of Contract[4]The complaint of breach of contract in relation to notice pay is well-founded.[5]The respondent shall pay the claimant two weeks’ statutory notice pay of £1,529.54 (£3,314.00 per month x 12 months = £39,768.00 per annum divided by 52 weeks = £764.77 per week x 2 weeks) 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.[6]The complaint of breach of contract in relation to the failure to forward pension contributions to the pension scheme is well-founded. The respondent is ordered to pay the claimant the sum of £831.78 as damages for that breach. Redundancy Payment[7]The complaint that the respondent was in breach of contract by failing to pay the claimant a contractual redundancy payment is well-founded.[8]The respondent shall pay the claimant £1,400.00 as damages for breach of contract. Holiday Pay[9]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.[10]The respondent shall pay the claimant £540.00. The claimant is responsible for paying any tax or National Insurance.[11]The respondent must pay the claimant £9,610.75 in total.[12]No award is made for the compensation as described by the claimant, as the Tribunal has no jurisdiction to award such compensation in the circumstances. Approved by: