Mr Lewis Courtney v Total Group Building Services LImited — 2023

This was a Rule 21 judgment in the Wales Employment Tribunal, heard on 2 March 2023 before Employment Judge J Bromige. The Respondent did not attend. The Tribunal found that the Respondent had made an unlawful deduction from wages by failing to pay the Claimant the correct wages between 11 and 22 April 2022. The Claimant had worked 82 hours at £15.00 per hour gross, was entitled to £1,230.00 gross, had been paid £480.00, and was therefore owed £750.00 gross.

The Tribunal also found that the Respondent had failed to pay accrued but untaken holiday pay under Regulation 14 of the Working Time Regulations 1998. The Claimant had been employed from 5 January 2022 to 22 April 2022 and had accrued 8 days of holiday which were untaken. On the figures used by the Tribunal, the daily rate was £120.00 gross and the weekly rate £600.00 gross, producing an award of £960.00 gross. It further found that the Respondent failed to pay one week’s notice pay, in breach of contract, and awarded £600.00 gross.

On statutory paperwork, the Tribunal found a failure to provide written particulars of employment under s.1 ERA 1996 and awarded two weeks’ pay under s.35 EA 2002 and Schedule 5, capped by s.227 ERA 1996 at £571.00 per week, giving £1,142.00. It also made a declaration that the Respondent failed to provide a pay statement under s.8 ERA 1996, but made no monetary order under s.12(4) ERA 1996 for that failure. The total award was £3,452.00 gross, the recoupment provisions did not apply, and the Tribunal recorded that the sums for unlawful deduction of wages, holiday pay and breach of contract were awarded gross and that the Claimant would be responsible for any tax or employee national insurance due.