Aris Flooring Ltd T/a Floor Giants

Case Summary

The claimant's claims for constructive unfair dismissal, non-payment of holiday pay, and unauthorised deduction from wages were decided. The claims for non-payment of holiday pay and unauthorised deduction from wages were successful, while the constructive unfair dismissal claim was dismissed.

The tribunal found the constructive unfair dismissal claim had no reasonable prospect of success and dismissed it on its merits, while the holiday pay and unauthorised deduction claims were successful based on the evidence presented at the full hearing.

• •The Claimant's complaint of constructive unfair dismissal is not well founded and is dismissed.
• •The Claimant's complaint of non-payment of holiday pay is well-founded and the Respondent is ordered to pay the Claimant forthwith £558.40.
• •The Claimant's complaint of an unauthorised deduction from wages is well-founded. The Respondent is ordered to pay the Claimant forthwith the sum of £2145.45 as arrears of the said wages together with a sum of £214.54 producing a total of £2359.99 payable forthwith. The sum of £214.54 represents a 10% uplift pursuant to section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992

(V) EMPLOYMENT TRIBUNALS Claimant Respondent Mr Andrew Beadle v Aris Flooring Ltd T/A Floor Giants PRELIMINARY HEARING Heard at: Leeds via CVP On: 08 February 2021 Before: Employment Judge T R Smith Appearance: For the Claimant: Mr Frederick ( Solicitor) For the Respondent: Mr Morton ( Solicitor) Note: This has been a remote hearing. The parties did not object to the case being heard remotely. The form of remote hearing was V-video. It was not practicable to hold a face-to-face hearing because of the Covid19 pandemic. JUDGMENT 1. The Claimants complaint of constructive unfair dismissal is not well founded and is dismissed. 2. The Claimant’s complaint of non-payment of holiday pay is well-founded and the Respondent is ordered to pay the Claimant forthwith £558.40. 3. The Claimant’s complaint of an unauthorised deduction from wages is well- founded and the Tribunal declares accordingly. The Respondent is ordered to pay the Claimant forthwith the sum of £2145.45 as arrears of the said wages together with a sum of £214.54 producing a total of £2359.99 payable forthwith. The sum of £214.54 represents a 10% uplift pursuant to section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 Employment Judge T R Smith (V) Date: 9 February 2021