Mr J Mitchell v Avicenna Surgical Ltd (England and Wales : Unfair Dismissal) -[2023] UKET 1305701/2022- (24 May 2023)

BAILII

Automated Summary

Key Facts

The respondent (Avicenna Surgical Limited) unlawfully deducted 17 days wages and 1.4 days holiday pay from the claimant (Mr Justin Mitchell). The respondent must pay the claimant a gross sum of £5337.56 (with responsibility for PAYE tax and National Insurance) and £17.10 for unpaid expenses. All payments are required within 28 days of the order.

Issues

  • The court determined whether the respondent's deduction of 17 days wages and 1.4 days holiday pay from the claimant's pay was unlawful and the corresponding payment obligations.
  • The court addressed the payment of unpaid expenses incurred by the claimant during the tribunal process.

Holdings

  • The respondent unlawfully deducted 17 days wages and 1.4 days holiday pay from the claimant's pay. The respondent must pay the claimant the gross figure of £5337.56 and shall be responsible for PAYE deductions of Tax and National Insurance, paying the net figure to the claimant.
  • All payments shall be made to the claimant within 28 days of this order.
  • The respondent shall pay the claimant unpaid expenses of £17.10.

Remedies

  • The respondent shall pay the claimant unpaid expenses of £17.10.
  • The respondent unlawfully deducted 17 days wages and 1.4 days holiday pay from the claimant's pay. The respondent must pay the claimant the gross figure of £5337.56. The respondent shall be responsible for PAYE deductions of Tax and National Insurance and shall pay the net figure to the claimant.
  • All payments shall be made to the claimant within 28 days of this order.

Monetary Damages

5354.66

Legal Principles

The court determined that the employer's deduction of 17 days wages and 1.4 days holiday pay from the employee's salary was unlawful, requiring the employer to repay the gross amount (£5337.56) and associated expenses (£17.10) within 28 days.

Judge Name

Employment Judge Codd

Passage Text

  • 2. The respondent shall pay the claimant unpaid expenses of £17.10.
  • 1. The respondent unlawfully deducted 17 days wages and 1.4 days holiday pay from the claimant's pay. The respondent must pay the claimant the gross figure of £5337.56. The respondent shall be responsible for PAYE deductions of Tax and National Insurance and shall pay the net figure to the claimant.
  • 3. All payments shall be made to the claimant within 28 days of this order.