Mr D L de Souza v Scion Interiors Ltd (in voluntary liquidation): 6016460/2024
JUDGMENT
[1]The claim for:(1) unlawful deduction of wages succeeds in the sum of £1,241.50(2) unpaid holiday pay succeeds in the sum of £121.50(3) notice pay succeeds in the sum of £607.50(4) a redundancy payment is dismissed.[2]The total amount owed to the Claimant is £1,970.50.REASONS
[1]Further to the Case Management Orders of 16 February 2026, on 11 March 2026 the Claimant sent the Tribunal a witness statement and asked the Tribunal to consider his case on the basis of the written evidence before it.[2]In his statement the Claimant says he was employed as a carpenter and furniture assembler between 5 July 2023 and 17 July 2024.[3]He says his agreed rate of pay was £13.50 per hour. He said his usual working hours were from 7am until 5pm with a one-hour lunch break, which is a working day of 9 hours, or a daily rate of £121.50 (being a weekly working week of 45hrs). However, he says on occasions he worked later than this, until 6pm or 7pm or later. He says payments were irregular and often Mr Adam of the Respondent would pay part of what he was owed and pay the rest later. Some 1 of 3 payments were made by bank transfer, and some payments were made by cash.[4]The Claimant says that because the amount owed to him increased, he was forced to stop working for the Respondent.[5]He has provided a schedule of loss which calculates his unpaid wages as being £1,241.50 (approximately 10 days’ pay).[6]As well as a claim for unpaid wages, the Claimant also makes a claim for holiday pay, notice pay, and for a redundancy payment. He says he did not receive paid holidays, that he was not paid any notice pay and, in respect of the redundancy payment, that the Respondent subsequently entered liquidation.[7]The Respondent does not appear to dispute the claim or the facts, as in its response form it is stated that payment to the Claimant was prepared but it was not possible to make contact with him to arrange payment. Findings Unlawful Deduction of WagesFindings
[8]In the light of the above the claim for unlawful deduction of wages succeeds in the sum of £1,241.50. Holiday Pay[9]Pursuant to the Working Time Regulations the Claimant’s leave year began on 5 July. There is no evidence that there was any agreement between the parties that he was entitled to carry forward untaken annual leave from one leave year to the next or that the reason he didn’t taken annual leave in the leave year 5 July 2023 to 4 July 2024 was because he took sick leave or statutory leave. It follows that he is only entitled to compensation for untaken leave in the leave year beginning 5 July 2024, namely in respect of the period 5-17 July 2024.[10]Since the Claimant was employed for 13 days in the relevant leave year, he accumulated approximately 1 day’s entitlement to paid leave during that time. This is calculated as follows: 13 divided by 365 (to obtain the proportion of the leave year which had expired) x 28 (total annual leave entitlement). Accordingly, he is entitled to £121.50 by way of compensation for untaken leave. Notice Pay[11]Given the facts, which do not appear to be in dispute, I find that the Claimant resigned in response to the Respondent’s fundamental breach of contract, namely non-payment of wages, and was therefore dismissed. He is therefore entitled to 1 weeks’ notice pay pursuant to s.86(1)(a) Employment Rights Act 1996. This is an amount of £607.50 (5 x £121.50). Redundancy Payment[12]Even if the Claimant was dismissed by reason of redundancy, he does not have the right to a redundancy payment because he was employed by the Respondent for less than two years (s.155 Employment Rights Act 1996). 2 of 3Conclusion
[13]The total amount owed to the Claimant is £1,970.50. Approved By: