Automated Summary
Key Facts
The Claimant succeeded in their claim for unauthorised deductions from wages, with the Respondent ordered to pay a total of £7,648. This includes £3,168 in unpaid gross wages, £1,500 in unpaid overtime, £100 for outstanding equipment, and £2,880 for a 4-week notice period. The Respondent also failed to pay £640.80 for 4.45 days of accrued but untaken holidays in the 2019 leave year. Additionally, the Tribunal declared the Respondent violated section 12 of the Employment Rights Act 1996 by not providing itemised pay statements for February to May 2019, and noted non-compliance with written employment terms requiring a potential £1,440 increased award under section 38 of the Employment Act 2002.
Issues
- Whether the employer failed to pay for 4.45 days of accrued but untaken holidays in the 2019 leave year under the Working Time Regulations 1998, calculated pro rata.
- Whether the employer made unauthorized deductions from wages, including unpaid gross wages, overtime, and specialist equipment payment, and whether they failed to provide a proper notice period pay.
- Whether the employer failed to issue itemized pay statements for February, March, April, and May 2019, and if compensation is precluded under section 26 of the Employment Rights Act 1996 for unnotified deductions in the 13-week period.
- Whether the employer violated section 1 of the Employment Rights Act 1996 by failing to provide a written statement of terms and conditions of employment, and if an increased award for 2 weeks' pay is applicable.
Holdings
- It is declared that the Respondent violated section 12 of the Employment Rights Act 1996 by failing to provide itemised pay statements for February to May 2019. No further compensation is ordered for unnotified wage deductions under section 26 of the Act.
- The Respondent failed to provide a written statement of terms and conditions compliant with section 1 of the Employment Rights Act 1996. An increased award of £1440.00 is conditionally ordered under section 38 of the Employment Act 2002.
- The claim for unauthorised deductions from wages succeeds. The Respondent is ordered to pay the Claimant £7648.00 in compensation, including unpaid wages, overtime, specialist equipment payment, and notice period pay.
- The Respondent failed to pay 4.45 days of accrued but untaken holidays in the 2019 leave year. Compensation of £640.80 was calculated pro rata under the Working Time Regulations 1998.
Remedies
- The Respondent failed to provide a written statement of terms and conditions compliant with section 1 of the Employment Rights Act 1996. If further ordered under section 38 of the Employment Act 2002, the Respondent may pay an increased award of 2 weeks' pay (£1440.00).
- The Respondent failed to pay for 4.45 days of accrued but untaken holidays in the 2019 leave year, calculated at £640.80 (58/365 x 28 days) under the Working Time Regulations 1998.
- Pursuant to section 12 of the Employment Rights Act 1996, a declaration is made that the Respondent failed to provide itemised pay statements for February, March, April, and May 2019. No further compensation is ordered for unnotified deductions in the 13-week period up to claim presentation.
- The Respondent's title is amended to Yorkshire Rescue Services (BFD) Limited.
- The Respondent is ordered to pay £7648.00 in compensation: (1) £3168.00 for unpaid gross wages (22 days @ £144.00 per day); (2) £1500.00 for unpaid gross overtime; (3) £100.00 for outstanding specialist equipment payment; and (4) £2880.00 for 4 weeks' notice period pay to 28th May 2019.
Monetary Damages
7648.00
Legal Principles
Other
Cited Statute
- Employment Act 2002
- Employment Rights Act 1996
- Working Time Regulations 1998
Judge Name
Employment Judge Lancaster
Passage Text
- 4. It is declared pursuant to section 12 of the Employment Rights Act 1996 (The Act) that the Respondent has failed to give any itemised pay statement for February, March, April or May 2019. Pursuant to section 26 of the Act no further order for compensation is made, which would otherwise have been made, in respect of any unnotified deductions from wages in the 13 week period up to presentation of this claim.
- 2. The claim for unauthorised deductions from wages succeeds and the Respondent is ordered to pay to the Claimant compensation as follows: (1) Unpaid gross wages for April 2019 22 days @ £144.00 per day £3168.00 (2) Unpaid gross overtime for April 2019 @ £12.00 per hour £1500.00 (3) Outstanding specialist equipment payment £100.00 (4) 4 weeks' notice period pay to 28th May 2019 £2880.00 Total: £7648.00
- 5. The Respondent has failed to provide a written statement of the terms and conditions of employment which complies with the requirements of section 1 of the Act and if further ordered, pursuant to section 38 of the Employment Act 2002 to pay an increased award of 2 weeks pay, namely £1440.00