Automated Summary
Key Facts
The Employment Tribunal found that Wicker Tyres (UTE) Ltd made unauthorised deductions from Mr C Stevenson's wages for company sick pay (£1,756.44) and failed to pay his holiday entitlement (£2,057.54). The judge exercised discretion to award an additional two weeks' pay (£1,254.60) due to the respondent's failure to provide a written statement of terms and conditions, though this was reduced from four weeks. The total award is £5,068.58. A claim regarding pension contributions was dismissed as not pursued by the claimant. The case was heard under Rule 21 of the Employment Tribunals Rules of Procedure 2013 after the respondent failed to respond by 8 May 2024.
Issues
- The tribunal considered whether Wicker Tyres (UTE) Ltd made unauthorised deductions from Mr C Stevenson's wages in respect of company sick pay, finding that they did and requiring repayment of £1756.44.
- The claim regarding unlawful deductions for pension contributions not paid into the relevant fund was dismissed as the claimant did not pursue it in their statement.
- The judge exercised discretion to award an uplift of two weeks' pay (£1254.60) due to the respondent's failure to provide a written statement of terms and conditions, despite the claimant having access to them via the company system.
- The tribunal ruled that the respondent had not paid the claimant's holiday entitlement and ordered repayment of £2057.54 as a result.
Holdings
- The claim regarding unlawful deductions for pension contributions not paid into the fund is dismissed as not pursued in the claimant's statement.
- The respondent made unauthorised deductions from the claimant's wages in respect of company sick pay and must pay the claimant the gross amount of £1756.44.
- The respondent has failed to pay the claimant's holiday entitlement and must pay the claimant the gross amount of £2057.54.
- The total amount payable to the claimant is £5068.58.
- The Employment Judge exercised discretion to uplift the claimant's award by two weeks' pay because the respondent failed to provide a written statement of terms and conditions. The claimant is to be paid £1254.60 (90 hours x £13.94).
Remedies
- The respondent failed to pay the claimant's holiday entitlement and must pay the claimant the gross amount of £2057.54.
- The respondent failed to provide a written statement of terms and conditions to the claimant as required by Section 38 of the Employment Act 2002. The award was uplifted by two weeks' pay (90 hours x £13.94) to £1254.60.
- The respondent made unauthorised deductions from the claimant's wages in respect of company sick pay and must pay the claimant the gross amount of £1756.40.
Monetary Damages
5068.58
Legal Principles
The Employment Judge applied the principle of 'substance over form' by exercising discretion to uplift the claimant's award by two weeks' pay despite the respondent's failure to provide a written statement of terms and conditions. The judge determined that the claimant's access to his terms and conditions on the company's system rendered a full four-week penalty unjust.
Cited Statute
Employment Act 2002
Judge Name
JM Wade
Passage Text
- 2. The respondent has failed to pay the claimant's holiday entitlement and must pay the claimant the gross amount of £2057.54.
- 1. The respondent has made unauthorised deductions from the claimant's wages in respect of company sick pay and must pay the claimant the gross amount of £1756.44.
- 3. I exercise my discretion to uplift the claimant's award by two weeks' pay because although the respondent failed to provide a written statement of terms and conditions to claimant as required by Section 38 of the Employment Act 2002, the claimant had access to his terms and conditions on the respondent's system and an award of four weeks' pay is not in the interests of justice in those circumstances. The respondent shall pay to him the sum of £1254.60 (90 hours x £13.94).