Euro Foods Group Ltd

Case Summary

The respondent was ordered to pay the claimant £2,602 for suspension pay and holiday pay, including an uplift under S207A.

The tribunal found that the claimant was entitled to suspension pay and accrued holiday pay during the period in question, and applied an uplift under Section 207A (breach of employment contract arising from unlawful deduction of wages).

• •unauthorised deductions from wages in respect of pay whilst suspended
• •unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015

1 EMPLOYMENT TRIBUNALS Claimant: Mr Steven Ewels Respondent: Euro Foods Group Limited Heard at: East London Hearing Centre (by CVP) On: 3 January 2025 Before: Employment Judge Rao REPRESENTATION: Claimant: Mr Alexander Rozycki (counsel) Respondent: Mr Ross Beaton (counsel) JUDGMENT 1. The complaint of unauthorised deductions from wages in respect of pay whilst suspended is well-founded. 2. The respondent made an unauthorised deduction from the claimant's wages during the period of his suspension from 28 February 2024 to 22 March 2024, being 18 working days. 3. The claimant was entitled to be paid his basic salary during that period which the Tribunal has assessed as the equivalent of 62 working days per year. The claimant’s pay was £1,000 gross per day. Taking the number of working days per year as 260, the sum due as suspension pay was (62/260) x 18 x £1,000 = £4,292.31. The respondent has already paid £3,026.45 in suspension pay, leaving outstanding the sum of £1,265.86. 4. The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015 and it is just and equitable to increase the compensatory award payable to the claimant by 10% in accordance with s 207A Trade Union & Labour Relations (Consolidation) Act 1992. 5. The Respondent is ordered to pay the Claimant: a. The sum of £1,265.98 by way of wages; and 2 b. The sum of £126.60 by way of an uplift under S207A. 6. The complaint of unauthorised deductions in respect of holiday pay for the 2022 and 2023 calendar years is not well-founded and is dismissed. 7. BY CONSENT the complaint in respect of holiday pay for the 2024 calendar year is well-founded. The respondent made an unauthorised deduction of £1,100 from the claimant's wages by failing to pay the claimant for holidays accrued but not taken on the date the claimant’s employment…