Mr G Hatton v NWMS Facilities Services Ltd — 2020

On this Rule 21 judgment, Regional Employment Judge Parkin found that NWMS Facilities Services Ltd had made unauthorised deductions from Mr G Hatton's wages. The judgment lists shortfalls and unpaid overtime for 1-15 November 2019, 16 November-15 December 2019, and 16 December 2019-16 January 2020, together with unpaid out-of-hours jobs. The tribunal calculated deductions of £1,978.01 before taking account of a final payment of £841.60, of which £610.00 was treated as a tax rebate and £231.60 as net pay, leaving £1,746.41 due to the claimant.

The tribunal also found that Mr Hatton had been dismissed in breach of contract in respect of notice and awarded £500.00 damages. It recorded that the notice-period damages were assessed by reference to the claimant's gross pay for the notice period and noted that HMRC is likely to require tax and national insurance to be paid on that amount as Post-Employment Notice Pay. In a further finding, the tribunal held that holiday entitlement had not been paid and ordered £639.16.

The judgment therefore awarded a total of £2,885.57, made up of the wages deduction award, the notice-period breach of contract award, and the unpaid holiday entitlement award. No discrimination, whistleblowing, or other protected-characteristic issues are addressed in the decision.