T Dalton v Kigfast Ltd: 6024592/2025
JUDGMENT
[1]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages in the period February to March 2025.[2]The respondent shall pay the claimant £5631.57, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance. Breach of Contract[3]The complaint of breach of contract in relation to notice pay is well-founded.[4]The respondent shall pay the claimant £937.50 as damages for breach of contract. 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. Holiday Pay[5]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.[6]The respondent shall pay the claimant £1,312.50. The claimant is responsible for paying any tax or National Insurance. Failure to provide a written statement of employment particulars[7]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. It is just and equitable to make an award of an amount equal to four weeks’ gross pay (subject to the statutory cap). In accordance with section 38 Employment Act 2002 the respondent shall therefore pay the claimant £2800. Total[8]For the avoidance of doubt the total amount payable to the claimant under the above orders is £10,681.57. Such sums must be paid within 14 days of this order. Employment Judge Codd 17th of April 2026 Note Reasons for the judgment were given orally at the hearing. Written reasons will not be provided unless a party asked for them at the hearing or a party makes a written request within 14 days of the sending of this written record of the decision.