Mr R Connolly v Transparent Windows Ltd: 8000077/2025
JUDGMENT
[1]The claimant’s claim under section 23 of the Employment Rights Act 1996 (ERA) is successful and the respondent is ordered to pay to the claimant the gross sum of £2,800 which was unlawfully deducted from his wages, contrary to s13 ERA, which has been calculated as follows:a. £520 in respect of a shortfall in wages for hours worked from 26 August to 10 September 2024 inclusive (the relevant pay dates being 6,13 & 20 September 2024); andb. £2,280 in respect of a payment in lieu of holiday entitlement, due on the termination of the claimant’s employment.[2]The claimant’s complaint of wrongful dismissal is successful. The respondent is ordered to pay to the claimant the net sum of £863.68, being damages for the breach of contract.[3]The claimant’s complaint of disability discrimination does not succeed and is dismissed.[4]The respondent shall be at liberty to deduct from the gross sum of which payment is ordered at paragraph 1 above, prior to making payment to the claimant, such amounts of Income Tax and Employee National Insurance Contributions (if any) as it may be required by law to deduct from a payment of earnings of that amount made to the claimant, and if it does so, duly remits such sums so deducted to HM Revenue and Customs, and provides to the claimant written evidence of the fact and amount of such deductions and of the sums deducted having been remitted to HMRC, payment of the balance to the claimant shall satisfy the requirements of this judgment. Oral reasons were given at the hearing, in accordance with Rule 60 of the Employment Tribunal Procedure Rules 2024. Written reasons will not be provided, unless a written request for these is made by one of the parties within 14 days of the date this judgment is sent to the parties