O Ayodele v Precise Care Solutions Ltd: 6038516/2025
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 April, May and June 2025 in respect of pension contributions which were not paid into the Claimant ‘s pension in the following amounts: April 2025 3109.82; May £114.05 and June £111.14: being the total sum of £335.01 in respect of unpaid pension contributions[2]The respondent made an unauthorised deduction from the claimant's wages in the period July 2025 in the sum of £2,386.75 net[3]The respondent shall pay the claimant the total sum £2721.76 in respect of unlawful deductions from his wages, which is the net sum deducted.[4]The respondent shall also pay the claimant £250.00 to compensate the claimant for financial loss attributable to the failure to pay the wages when due. Notice Pay[5]The complaint of breach of contract in relation to notice pay is well-founded.[6]The respondent shall pay the claimant £5583.43 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. [£2754.48 + 2851.16 + £2778.50 = £8375.14 /3 = £2791.713 x 2 = £5583.43] Holiday Pay[7]The complaint that between 30 September 2019 and 31 July 2025 the respondent refused to permit the claimant to exercise the right to paid annual leave under the Working Time Regulations 1998 is well-founded.[8]The outstanding amount of holiday pay due to the claimant on termination of his employment is £12,188.00. This is the compensation the Tribunal considers just and equitable in all the circumstances under regulation 30(4). In the alternative[9]By an agreement reached in May 2025 the respondent agreed to pay the claim the outstanding holiday pay accrued at that date The respondent has paid the sum of £1000.00 in accordance with that agreement but has failed to pay the remainder. The sum owed at the termination of the claimant’s employment and still outstanding is £12,188.00[10]The complaint that the respondent was in breach of contract by failing to pay the claimant his agreed outstanding holiday pay payment is wellfounded.[11]The respondent shall pay the claimant £12,188.00 as damages for breach of contract. This is the net value to the claimant of the amount due. Redundancy Payment[12]Under section 163 Employment Rights Act 1996 it is determined that the claimant is entitled to a redundancy payment of £4,165.00[13]The respondent shall also pay the claimant £500.00 to compensate the claimant for financial loss attributable to the failure to pay the redundancy payment. Approved by: