Mr S Sumner v Townlynx Ltd: 1600692/2016
JUDGMENT
[1]The claimant was dismissed by the respondent on 30th July 2016 and the reason for the dismissal was that the claimant had alleged that the respondent had infringed a right of his which is a relevant statutory right, the right to paid holidays. The claimant’s claim of automatic unfair dismissal for assertion of a statutory right is well-founded and succeeds.[2]The claimant was dismissed without notice in breach of contract; he was entitled to receive one week’s notice of termination and his claim of breach of contract is well-founded and succeeds.[3]The respondent failed to pay to the claimant holiday pay in respect of 19 day’s holidays that he had accrued during his employment but that remained outstanding as at the effective date of termination of is employment.[4]The claimant’s claim that the respondent made unauthorised deductions from his wages is withdrawn and is dismissed.[5]The respondent shall pay to the claimant £3,555.00 (subject to the usual statutory deductions) as follows: Case No. 1600692/20165.1 Unfair Dismissal: Losses for 11 weeks between 12.09.16 – 03.12.16 (excluding half-term week) at £225pw = £2,475.00 (to which the recoupment provisions apply).5.2 Holiday pay: 19 days at £45 per day = £855.00.5.3 Breach of contract: 1 week’s pay of £225.00.[6]There was no application for an order for the payment of costs or fees.