A Haque v M U Shafiq: 6020769/2024
JUDGMENT
[1]The complaint of unauthorised deductions from wages is well-founded. The Respondent made a series of unauthorised deduction from the Claimant's wages in the period between July and October 2024 as follows:a. Failed to pay wages for the hours worked by the Claimant in July to the sum of £45.68;b. Failed to pay wages for the hours worked by the Claimant in August to the sum of £80.69;c. Failed to pay wages for the hours worked by the Claimant in September to the sum of £760.76;d. Failed to pay wages for the hours worked by the Claimant in October to the sum of £457.60;e. Failed to pay holiday pay to the sum of £457.60.[2]The Respondent shall pay the claimant £1802.33 which is the gross sum deducted. The Respondent is responsible for deducting and paying any tax of National Insurance at source.[3]When the proceedings began the Respondent was in breach of his duty to provide the Claimant with a written statement of employment particulars. There are no exceptional circumstances that make an award equal to two weeks’ gross pay unjust or inequitable, but there were no reasons before Case Number: 6020769/2024 me as to why it would be just and equitable to make an award of an amount equal to four weeks’ gross pay.[4]In accordance with section 38 of the Employment Act 2022, the Respondent shall therefore pay the Claimant £457.60 (2 weeks’ pay at 20 hours per week at £11.44 per hour).[5]The respondent failed to give the claimant written itemised pay statements as required by section 8 Employment Rights Act 1996 in the period October 2023 to October 2024. Approved by