Sahadatalli v XSRE.ME Ltd (Breach of Contract Unauthorised Deduction of Wages Other) [2022] NIit 18585_21it (12 April 2022)
Respondent failed to provide proper notice for annual leave, resulting in unauthorised deduction from wages; claimant was not paid notice pay at full rate; respondent breached obligation to provide written statement of employment particulars.
- Parties
- Claimant: Claimant; Respondent: Respondent
- Jurisdiction
- Northern Ireland
- Judgment Date
- 12 April 2022
- Procedural Posture
- Industrial Tribunal / Final Judgment
- Outcome
- Claim upheld in part; awards made to claimant.
- Legal Topics
- Unauthorised Deduction From Wages, Holiday Pay, Notice Pay, Written Statement of Employment Particulars
Case Brief
Summary, issues, holding and outcome
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Parties
Claimant
Claimant
Respondent
Respondent
Procedural Posture
Industrial Tribunal / Final Judgment
Legal Issues
- 1 Did the respondent inform the claimant that he required the claimant to take 16 days annual leave in October 2020?
- 2 Has the claimant suffered an unauthorised deduction from wages by not being paid for 16 days’ holiday pay due and owing to him?
- 3 Has the claimant not been paid notice pay at his full rate of pay?
Ratio Decidendi
Respondent failed to provide proper notice for annual leave, resulting in unauthorised deduction from wages; claimant was not paid notice pay at full rate; respondent breached obligation to provide written statement of employment particulars.
Court Disposition
Claim upheld in part; awards made to claimant.
Orders
- Respondent to pay claimant £1,052.05 for unauthorised deduction from wages (holiday pay).
- Respondent to pay claimant £92.05 for outstanding notice pay.
Full Case Text
Judgment text and source record
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