Augustine v Data Cars Ltd  EA-2020-000383-A
Appeal against the dismissal of claims relating to payment of the National Minimum Wage and wrongful dismissal compensation. The wrongful dismissal compensation appeal was allowed and the others dismissed.
The Claimant worked for a period of time as a driver for the Respondent. He brought claims to the ET relating to National Minimum Wage which he claimed had not been paid because, amongst other reasons, the Respondent had failed to take into account payments made by the Claimant to rent his vehicle. Other claims related to holiday which were dismissed along with the NMR claims. The Claimant was found to have bene wrongfully dismissed but the ET did not apply the ACAS uplift to the award of compensation. The Claimant appealed.
The EAT dismissed all the claims relating to the NMW and holiday pay. However, the ET had erred by not considering the issue of the ACAS uplift to the award of compensation, and would need to so on remission.
Published: 15/11/2021 14:32