D Cullen v A Millard: 6021914/2025
JUDGMENT
[1]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages for the period 31st March 2024 to 4th April 2024.[2]The respondent shall pay the claimant £525.00, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance.[3]The respondent shall pay the claimant £600.00 as pay in lieu of notice. This figure has been calculated using gross pay to reflect the likelihood that the claimant will have to pay tax on it as Post Employment Notice Pay.[4]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. Case Number: 6021914/25[5]The respondent shall pay the claimant £1,404.00. The claimant is responsible for paying any tax or National Insurance.[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. There are no exceptional circumstances that make an award of an amount equal to two weeks’ gross pay unjust or inequitable. In accordance with section 38 Employment Act 2002 the respondent shall therefore pay the claimant £1,200.00.[7]As a result of the above, the total amount the respondent must pay the claimant is £3,279.00. Approved by: