Mrs T Jones v M H Peet T/a Peet and Sons: 1604303/2024
JUDGMENT
[1]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages in the period 23rd July 2024 to 30th August 2024.[2]The respondent shall pay the claimant £91.52, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance. Notice Pay[3]The complaint of breach of contract in relation to notice pay is well-founded.[4]The respondent shall pay the claimant £2,196.48 as damages for breach of contract. This figure has been calculated using gross pay to reflect the likelihood that the claimant will have to pay tax on it as Post Employment Notice Pay. Holiday Pay[5]The complaint in respect of holiday pay is well-founded. The respondent was in breach of contract in failing to pay the claimant for holidays accrued but not taken on the date the claimant’s employment ended.[6]The respondent shall pay the claimant £541.56 as damages for breach of contract. This is the net value to the claimant of the amount due. Redundancy Payment[7]Under section 163 Employment Rights Act 1996 it is determined that the claimant is entitled to a redundancy payment of £4,759.04. Unfair Dismissal[8]The complaint of unfair dismissal is well-founded. The claimant was unfairly dismissed.[9]There is a 100% chance that the claimant would have been fairly dismissed in any event. Failure to provide a written statement of employment particulars[10]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 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 £736.16.REASONS
[1]Reasons for the judgment were given orally at the hearing. However, at the hearing I indicated that an award would be made in respect of loss of statutory rights in the sum of £500. This was an error on my part, loss of statutory rights being a compensatory award, subject to the 100% reduction in respect of the chance of the claimant having been fairly dismissed in any event. No award for loss of statutory rights is therefore included in this judgment. Approved by: