Mr S Dicker v 3MS Construction Ltd and Secretary of State for Business and Trade: 1405248/2023
JUDGMENT
[1]The Claimant’s 4 week notice of resignation (given on 7 July 2023, expiring on 4 August 2023 was terminated 4 days early by the First Respondent (with effect from 31 July 2023). In breach of contract, the First Respondent did not pay the 4 days. Whilst the Insolvency Service has paid 4 days at £403 net, the Claimant is owed 4 days at £553.58 net. The First Respondent, therefore, owes £153.58 net for unpaid notice.[2]The Claimant had accrued 6.8 days untaken and unpaid holiday as at 4 August 2023. The First Respondent paid 4.75 days. He is owed 2.05 days. £169.36 x 2.05 = £347.18 gross.[3]The First Respondent must pay the Claimant the grand total of £500.76 within 14 days.[4]If the First Respondent pays nothing further for holiday pay within that time, the Second Respondent should pay 2 days holiday pay. Case Number: 1405248/2023[5]The Claimant’s oral application to add a claim for a redundancy payment is refused.