M Meads v Moki Agency Ltd: 1404075/2023
JUDGMENT
The judgment of the Tribunal is as follows: Unfair Dismissal[1]The complaints of automatic unfair dismissal under section 100 Employment Rights Act 1996 and unfair dismissal under section 94 Employment Rights Act 1996 are not well-founded. The claimant was not unfairly dismissed. Notice Pay[2]The complaint of breach of contract in relation to notice pay is wellfounded.[3]The respondent shall pay the claimant £1125 as damages for breach of contract. This figure has been calculated using gross pay to reflect the possibility that the claimant will have to pay tax on it as Post Employment Notice Pay. Holiday Pay[4]The complaint in respect of holiday pay is well-founded. The respondent failed to pay the claimant in accordance with regulation 14(2) and/or 16(1) of the Working Time Regulations 1998. 10.8 Reasons – rule 62(3) Case No: 1404075/2023[5]The respondent shall pay the claimant £1440. The claimant is responsible for paying any tax or National Insurance. Failure to provide a written statement of employment particulars[6]When the proceedings were begun the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars. It is just and equitable to make an award of an amount equal to four weeks’ gross pay. In accordance with section 38 Employment Act 2002 the respondent shall therefore pay the claimant £1500.