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Industrial Tribunals Northern Ireland Decisions
You are here: BAILII >> Databases >> Industrial Tribunals Northern Ireland Decisions >> Taggart v William Jeffers t/a Jeffers Pl... [2014] NIIT 791_14IT (01 August 2014)
URL: http://www.bailii.org/nie/cases/NIIT/2014/791_14IT.html
Cite as: [2014] NIIT 791_14IT
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THE INDUSTRIAL TRIBUNALS
CASE REF: 791/14
CLAIMANT: Sam Michael Taggart
RESPONDENT: William Jeffers
t/a Jeffers Plumbing Heating and Gas Services
DECISION
The decision of the tribunal is set out at Paragraph 4. below.
Constitution of Tribunal:
Employment Judge D Buchanan (sitting alone)
Appearances:
The claimant, Mr Taggart, appeared in person and was not represented.
The respondent did not enter a response to these proceedings.
1 At the outset of the proceedings, I amended the title of the respondent to that now shown.
2 The claimant was employed by the respondent as an apprentice plumber from 16 January 2013 or thereabouts. He left the respondent’s employment on 14 February 2014 to go to another job. He has brought claims against the respondent of breach of contract, unlawful deductions from wages, and failure to provide a itemised pay statement.
3 I am satisfied from the uncontradicted evidence of the claimant, who I found to be a honest witness, that the following sums are due to him:-
(i) unpaid holiday pay of £900.00;
(ii) the sum of £150.00 in respect of one week’s wage (in respect of penultimate week of his employment); and
(iii) the total sum of £1,490.00 in respect of unlawful deductions from his wages which continued throughout his employment.
The respondent stated these deductions were in respect of income tax, but the claimant was earning nowhere near enough to be liable for income tax, and it is inconceivable the deductions were made in error.
4(i) I order that the respondent do pay to the claimant the aggregate total of the above sums, that is to pay £2,540.00.
(ii) I further find, and now make a declaration, that the respondent failed to give the claimant a pay statement in accordance with Article 40 of the Employment Rights (Northern Ireland) Order 1996.
I make a further award of £390.00 in respect of the aggregate of the unnotified deductions made in the 13 weeks preceding the date of the application to the tribunal.
5 The claimant confirmed that he had no claim under the provisions of the National Minimum Wage Act 1998.
6 This is a relevant decision for the purposes of the Industrial Tribunals (Interest) Order (Northern Ireland) 1990.
DUNCAN BUCHANAN
Employment Judge
Date and place of hearing: 30 July 2014, Belfast
Date decision recorded in register and issued to parties: