K Iduseri v SVLhealthcare (in administration): 6023027/2024
JUDGMENT
[1]The complaint of unfair dismissal is dismissed following a withdrawal of the claim by the Claimant.[2]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 August 2024 as follows:a. Failed to pay overtime for the month of July to the sum of £1012.89;b. Failed to pay overtime for the month of August to the sum of £584.16.[3]The Respondent shall pay the claimant pay the claimant £1597.05 which is the gross sum deducted. The Respondent is responsible for deducting and paying any tax of National Insurance at source.[4]The Claimant’s complaint under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 of a failure by the Respondent to comply with the requirements of section 188 of the 1992 Act is well founded. The Tribunal orders the Respondent by way of protective award under section 189(3) of the 1992 Act to pay [class of employees which the claimant belonged to] for redundancy [between X and Y date]. The remuneration for the period of 90 days beginning on 30 August 2024. The Recoupment Regulations apply (see attached Annex). NOTE[1]In relation to s.189(3) of the 1992 Act, the Tribunal at this stage makes no financial award but gives a judgment that the claimant is entitled to a protective award in the terms set out above. For this reason, no financial amount is set out in the Judgment. The claimant must then seek payment of their individual award from the respondent (or the Secretary of State), quantifying the same.[2]Failure to pay (should that occur), or any dispute as to the amount payable, then becomes a matter for a further separate claim under s.192 of TULRCA for payment of the award. Approved by