Ms M Nazir v Mr M U Shafiq: 6011350/2024
JUDGMENT
[1]The respondent has failed to file ET3 grounds of resistance in this case.[2]Having considered the ET1 and having heard from the claimant, the judgement of the tribunal, made under Rule 22 of the Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2024 is as follows:a. The complaint of unauthorised deductions from wages is well-founded. The respondent shall pay the claimant £142.98, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance.b. The complaint of breach of contract in relation to notice pay is wellfounded. The respondent shall pay the claimant £306.76 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.c. The respondent failed to give the claimant written itemised pay statements as required by section 8 Employment Rights Act 1996 in the period 3 June 2024 to 8 July 2024. Case Number: 6011350/2024d. When the proceedings began, 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 not 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 £617.52.