Mrs W Gray v Secretary of State for Business and Trade and Frosts Photocentre Ltd (in Voluntary Liquidation): 1305733/2023
JUDGMENT
[1]The complaint of unauthorised deductions from wages is well-founded. The second respondent made an unauthorised deduction from the claimant’s wages in the period 1 to 19 June 2023.[2]The complaint of breach of contract in relation to notice pay is well-founded. The second respondent has failed to pay the claimant in relation to her twelve week notice period.[3]Under section 163 Employment Rights Act 1996 the claimant is entitled to a redundancy payment based on 19 years’ service at the date of termination of employment with the second respondent.[4]The complaint in respect of holiday pay is not well-founded and is dismissed. The claimant had no outstanding accrued but untaken holiday at the termination of her employment.[5]The first respondent is liable to pay the claimant in respect of the matters set out above (other than holiday pay) out of the National Insurance Fund, in accordance with section 182 of the Employment Rights Act 1996, and subject always to the relevant statutory caps on such payments.[6]Insufficient time was available at the hearing to calculate the relevant payments. The claimant and first respondent agreed that this was something that they would anticipate being able to do between themselves. In order to do those calculations, the relevant information is as follows: Case No: 1305733/2023a. Start date of employment: June 2004 (19 years service at time of termination);b. Date of termination of employment: 19 June 2023c. Monthly gross salary in June 2023: £1,048d. Period during which unlawful deductions from wages occurred: 1-19 Junee. Hours worked per week: 15[7]In the event that agreement has not been reached between the parties as to what sums are owed to the claimant, the parties must write to the Employment Tribunal by 31 October 2024, explaining what the remaining issue is and asking for the matter to be referred to Employment Judge Edmonds. In the meantime, no remedy hearing will be listed. Signed by: