Mr A Millwood v Tricrest Homes Ltd: 1803767/2023
JUDGMENT
[1]The respondent shall pay to the claimant the sum of £360 in respect of 20 hours of outstanding holiday pay.[2]The contract of employment between the claimant and the respondent included a sex equality clause that his remuneration would be no less favourable than that of Debbie Battie and Shirley Austin, whose work was equal, like work, to that of the claimant.[3]The respondent breached the sex equality clause by paying the claimant £1.50 per hour less than the above comparators for a 42 hourly working week over a period of 78 weeks between June 2020 and November 2021.[4]The respondent shall pay to the claimant arrears of pay arising from the breach in the total sum of £4,914.[5]The claimant resigned as a consequence of a fundamental breach of contract of the respondent and was unfairly dismissed.[6]The respondent shall pay compensation for the unfair dismissal in the sum of £1,786, comprising a basic award of £1,286 and a compensatory award of £500. The basic award is 2 weeks of the maximum rate of pay £646. The compensatory award is a sum to reflect the loss of statutory rights.[7]The recoupment provisions do not apply. Employment Judge Jones Date: 29 August 2023 EMPLOYMENT TRIBUNALS Claimant: Mr A Millwood Respondent: Tricrest Homes Limited Before: Employment Judge D N Jones Having considered the contents of the claim form and the further clarification of it provided at a preliminary hearing, the Tribunal was satisfied a determination could properly be made of the claim under rule 21.[1]The respondent shall pay to the claimant the sum of £360 in respect of 20 hours of outstanding holiday pay.[2]The contract of employment between the claimant and the respondent included a sex equality clause that his remuneration would be no less favourable than that of Debbie Battie and Shirley Austin, whose work was equal, like work, to that of the claimant.[3]The respondent breached the sex equality clause by paying the claimant £1.50 per hour less than the above comparators for a 42 hourly working week over a period of 78 weeks between June 2020 and November 2021.[4]The respondent shall pay to the claimant arrears of pay arising from the breach in the total sum of £4,914.[5]The claimant resigned as a consequence of a fundamental breach of contract of the respondent and was unfairly dismissed.[6]The respondent shall pay compensation for the unfair dismissal in the sum of £1,786, comprising a basic award of £1,286 and a compensatory award of £500. The basic award is 2 weeks of the maximum rate of pay £646. The compensatory award is a sum to reflect the loss of statutory rights. The recoupment provisions do not apply.