Mr L Thomas v Innovate Leisure Ltd: 6012202/2024
JUDGMENT
[1]The complaint of unfair dismissal is dismissed as the Tribunal does not have jurisdiction to hear it.[2]The complaint of protected disclosure (whistleblowing) detriment is not wellfounded and is dismissed.[3]The respondent has made unauthorised deductions from the claimant’s basic wages (91 weeks of being short paid £100 per week) and must pay the claimant £9,100 gross.[4]In breach of contract, the claimant was not paid sums owed to him in respect of a bonus (£50 for every £1,000 over £5,000 takings in a week during the claimant’s employment) and the respondent must pay the claimant the sum of £8,550 gross.[5]The respondent has failed to pay the claimant’s statutory holiday entitlement (4 weeks carried over from 2022/23 plus 4.2 weeks (pro rata) for 2023/24 less 1 week taken) and must pay the claimant £3,240.00 gross.[6]When the proceedings were begun the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars. In respect of this breach of duty, 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 Case No: 6012202/2024 four weeks’ gross pay. In accordance with section 38 Employment Act 2002 the respondent shall therefore pay the claimant £1,800.00 gross.[7]The respondent must pay the claimant £22,690.00 gross in total. The sum payable is a gross sum and taxable, so the respondent shall pay this sum to the claimant subject to the deduction of tax at the basic rate and National Insurance. Approved by: