Automated Summary
Key Facts
The claimant, Mr. Tasleem Tasab, successfully argued unauthorized deductions from pay (£3,076.92), breach of contract regarding notice pay (£18,461.54), failure to pay accrued holiday pay (£3,384.61), and unfair dismissal (basic award £11,574 and compensatory £25,028). The claimant was not entitled to a redundancy payment, and the Recoupment Regulations do not apply to this case.
Issues
- Determination under Section 163 Employment Rights Act 1996 regarding redundancy payment entitlement
- Complaint of unauthorised deductions from pay under Part II of the Employment Rights Act 1996
- Complaint of unfair dismissal under Part X of the Employment Rights Act 1996
- Application of Recoupment Regulations under the Employment Rights Act 1996
- Complaint regarding failure to pay 11 days of accrued but untaken holiday pay at termination
- Complaint of breach of contract in relation to notice pay under the Employment Rights Act 1996
Holdings
- The complaint in respect of holiday pay is well-founded. The respondent made an unauthorised deduction from the claimant's pay by failing to pay 11 days holiday pay accrued but untaken as at the date of termination of employment and is ordered to pay the claimant the gross sum of £3,384.61.
- The complaint of unfair dismissal under Part X Employment Rights Act 1996 is well-founded. The claimant was unfairly dismissed. The respondent is ordered to pay the claimant the following: (a) A basic award in the sum of £11,574. (b) A compensatory award in the sum of £25,028.
- The complaint of breach of contract in relation to notice pay is well-founded. The respondent is ordered to pay the claimant the sum of £18,461.54 as damages for breach of contract. This figure has been calculated using gross pay to reflect the likelihood that the claimant will be taxed upon it as Post Employment Notice Pay.
- Under section 163 Employment Rights Act 1996 it is determined that the claimant is not entitled to a redundancy payment.
- The complaint of unauthorised deductions from pay contrary to Part II Employment Rights Act 1996 is well-founded. The respondent made an unauthorised deduction from the claimant's pay in respect of the period 1 May to 12 May 2023. The respondent is ordered to pay to the claimant the gross sum of £3,076.92 deducted from pay.
- The Recoupment Regulations do not apply.
Remedies
- The respondent is ordered to pay the claimant the sum of £18,461.54 as damages for breach of contract. This figure has been calculated using gross pay to reflect the likelihood that the claimant will be taxed upon it as Post Employment Notice Pay.
- The respondent is ordered to pay the claimant the following: (b) A compensatory award in the sum of £25,028.
- The claimant was unfairly dismissed. The respondent is ordered to pay the claimant a basic award in the sum of £11,574.
- The respondent made an unauthorised deduction from the claimant's pay in respect of the period 1 May to 12 May 2023 and is ordered to pay the gross sum of £3,076.92 deducted from pay.
- The respondent made an unauthorised deduction from the claimant's pay by failing to pay 11 days holiday pay accrued but untaken as at the date of termination of employment and is ordered to pay the claimant the gross sum of £3,384.61.
Monetary Damages
61525.07
Legal Principles
- The tribunal applied Part II of the Employment Rights Act 1996, which prohibits unauthorised deductions from wages, to order the respondent to repay the deducted amount (£3,076.92). It also applied Part X of the same Act to find the claimant's dismissal was unfair, awarding a basic award (£11,574) and compensatory award (£25,028).
- The tribunal applied statutory principles related to holiday pay under the Employment Rights Act 1996, finding the respondent failed to pay 11 days accrued but untaken, resulting in a £3,384.61 repayment. This was treated as an unauthorised deduction under Part II.
- The tribunal applied contractual obligations under the Employment Rights Act 1996, finding the respondent breached the claimant's contract by failing to pay notice period compensation. This resulted in a £18,461.54 damages award.
Cited Statute
Employment Rights Act 1996
Judge Name
Flood
Passage Text
- The complaint of unfair dismissal under Part X Employment Rights Act 1996 is well-founded. The claimant was unfairly dismissed. The respondent is ordered to pay the claimant the following: (a) A basic award in the sum of £11,574. (b) A compensatory award in the sum of £25,028.
- The complaint of unauthorised deductions from pay contrary to Part II Employment Rights Act 1996 is well-founded. The respondent made an unauthorised deduction from the claimant's pay in respect of the period 1 May to 12 May 2023. The respondent is ordered to pay to the claimant the gross sum of £3,076.92 deducted from pay.
- The complaint of breach of contract in relation to notice pay is well-founded. The respondent is ordered to pay the claimant the sum of £18,461.54 as damages for breach of contract. This figure has been calculated using gross pay to reflect the likelihood that the claimant will be taxed upon it as Post Employment Notice Pay.