Mr J J Simpson v IF Finishes North West Ltd: 6015339/2024
JUDGMENT
[1]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. The respondent shall pay the claimant £1076.92. The claimant is responsible for paying any tax or National Insurance.[2]The respondent failed to give the claimant written itemised pay statements as required by section 8 Employment Rights Act 1996 in the period from 1 July 2024 to 16 August 2024.[3]The respondent made unnotified deductions totalling £2215.04 from the pay of the claimant in the 13 weeks prior to presentation of the claim form. The respondent shall therefore pay the claimant £2215.04 in respect of those deductions.[4]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 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 £1400.[5]The total pay payable to the claimant is £4691.96. Approved by: