Mr R Duffy v Mr S Fleetham: 1600651/2023
JUDGMENT
[1]The Claimant’s claim for statutory notice pay is well founded and the Respondent is ordered to pay to the Claimant one week’s notice pay in the sum of £534.00 (net) following the Respondent’s dismissal of the Claimant without notice on the 20th March 2023. This is a net award and the Respondent shall be liable to HMRC for any payments of tax and national insurance thereon.[2]The Claimant’s claim for unpaid holiday pay is well founded. At the time of his dismissal on the 20th March 2023, the Claimant was owed 4-and-a-half days of holiday pay by the Respondent. The Respondent is ordered to pay to the Claimant 4-and-a-half days holiday pay in the sum of £480.60 (net). This is a net award and the Respondent shall be liable to HMRC for any payments of tax and national insurance thereon.[3]The Respondent is ordered to pay to the Claimant an award under section 38 of the Employment Act 2002 by reason of the Tribunal’s finding that the Respondent had failed to provide the Claimant with written terms of his employment, which commenced on the 1st May 2021, prior to his dismissal on the 20th March 2023. The award under section 38 of the Employment Act 2002 is 4 weeks’ net pay, which amounts to a total sum of £2,136.00.[4]The total sum to be paid by the Respondent to the Claimant under this judgment (inclusive of notice pay, holiday pay and the award under section 38 of the Employment Act 2002) is £3,150.60, which shall be paid by the Respondent to the Claimant by 4pm on the 4th December 2023.