Mrs M J Baroch v Axis Chiropractic Newport Ltd: 1604163/2024
JUDGMENT
[1]The claimant’s claim for victimisation is not well founded and is dismissed.[2]The claimant’s claim in respect of holiday pay is well-founded. The respondent made an unauthorised deduction from the claimant's wages by failing to pay the claimant for holidays accrued but not taken on the date the claimant’s employment ended. The respondent shall pay the claimant £1301.51. The claimant is responsible for paying any tax or National Insurance.[3]When the proceedings were begun the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars. There are no exceptional circumstances that make an award of an amount equal to two weeks’ gross pay unjust or inequitable. It is not 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 £347.23.[4]The total sum the respondent must pay to the claimant is £1648.74. Approved by: