R Cowdrey v B Hunt (T/a Langley Vale Recovery Service): 6015534/2024
JUDGMENT
[1]The Respondent failed to pay the Claimant the applicable national minimum wage and was in breach of contract in failing to pay this from 2016 until 27 June 2024. The total underpayment amounted to £62,543.72, being the gross sum, and is capped at £25,000. The Respondent is ordered to pay to the Claimant the sum of £25,000.[2]The Respondent acted in breach of contract by dismissing the Claimant without notice. The Respondent is ordered to pay damages for wrongful dismissal of 12 weeks at £547.52 per week in the sum of £6,570.24.[3]The Respondent made unauthorised deductions from wages by failing to pay the Claimant in lieu of accrued but untaken annual leave on termination of employment and is ordered to pay to the Claimant £547.52 per week x 5.6 weeks per year x 2 years in the net sum of £6,132.24.[4]The Respondent failed to provide the Claimant with rest breaks contrary to the Working Time Regulations 1998 and is ordered to pay the Claimant £1,000.[5]The complaint of unfair dismissal is well founded and succeeds, the Respondent is ordered to pay: 1. Basic award 14 years x 1.5 multiplier x £686.40 (gross) per week £ 14,414.40 2. Compensatory award 21 weeks (27/6/24 – 24/11/24) x £547.52 per week £11,497.92 19 weeks (25/11/24 – 31/3/25) x £216.32 per week £4,110.08 15 weeks (1/4/25 – 14/7/25) x £195.76 per week £2,936.40 Less damages for wrongful dismissal (£ 6,570.24) 3. Loss of Statutory Rights £ 500.00[6]The Respondent was in breach of its duty to provide the Claimant with a written statement of employment particulars. 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 is ordered to pay the Claimant £2,745.56. Total sum to be paid by the Respondent to the Claimant[7]The Respondent is ordered to pay:a. Breach of contract (capped) £25,000.00b. Wrongful dismissal £ 6,570.24c. Holiday pay £ 6,132.24d. Failure to provide rest breaks £ 1,000.00e. Basic award £14,414.40f. Compensatory award £ 11,974.16g. Loss of Statutory Rights £ 500.00h. Failure to provide a written statement £ 2,745.56 Total £68,336.60[8]The Respondent is ordered to pay the Claimant the total sum of £68,336.60. Employment Judge Braganza KC 13 August 2025 Notes Reasons for the judgment were given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision.