Mr B Khatri v Mustang Valley Ltd (England and Wales : Breach of Contract) -[2024] UKET 1303827/2023- (6 March 2024)

BAILII

Automated Summary

Key Facts

The claimant was awarded £6,500 for unlawful deductions, £650.81 for holiday pay, £500 for notice pay, and £1,000 for failure to provide written terms and conditions. The total judgment amount is £8,650.81, payable immediately. A declaration was made regarding the lack of itemised pay statements.

Issues

  • The employer failed to provide the required notice pay, leading to an award of £500 in favor of the claimant.
  • The claimant was awarded £650.81 for unpaid holiday pay, as the employer's failure to pay was found to be justified.
  • The tribunal found that the employer did not provide written terms and conditions, awarding the claimant £1,000.
  • The claimant successfully argued that the employer made unlawful deductions from their wages, leading to an award of £6,500.
  • A declaration was made that the employer did not provide the claimant with itemised pay statements, as required by law.

Holdings

  • The claim for holiday pay is well founded and the claimant is awarded £650.81.
  • The claim for notice pay is well founded and the claimant is awarded £500.
  • There was a failure to provide written terms and conditions and the claimant is awarded £1,000.
  • The claim for unlawful deductions is well founded and the claimant is awarded £6,500.
  • The Tribunal makes a declaration that the respondent failed to provide to the claimant itemised pay statements.
  • The total judgment is £8,650.81 which is payable forthwith.

Remedies

  • 3. The claim for notice pay is well founded and the claimant is awarded £500.
  • 4. There was a failure to provide written terms and conditions and the claimant is awarded £1,000.
  • 1. The claim for unlawful deductions is well founded and the claimant is awarded £6,500.
  • 2. The claim for holiday pay is well founded and the claimant is awarded £650.81
  • 5. The Tribunal makes a declaration that the respondent failed to provide to the claimant itemised pay statements.

Monetary Damages

8650.81

Legal Principles

  • A declaration was made that the respondent failed to provide itemised pay statements.
  • The tribunal ruled in favor of the claimant's notice pay claim, awarding £500.
  • Failure to provide written terms and conditions resulted in a £1,000 award.
  • The tribunal found that the respondent made unlawful deductions from the claimant's wages, awarding £6,500.
  • The claim for holiday pay was upheld, with the claimant awarded £650.81.

Judge Name

Employment Judge Wedderspoon

Passage Text

  • 2. The claim for holiday pay is well founded and the claimant is awarded £650.81
  • 6. The total judgment is £8,650.81 which is payable forthwith.
  • 1. The claim for unlawful deductions is well founded and the claimant is awarded £6,500.