Ms A Tadych and Mr M Mahboob v Professional Care Ltd: 1806924/2024 and 1808700/2024
JUDGMENT
Following(1) the reading of relevant documentation and witness statements submitted by the parties;(2) the refusal of the amendment application made on behalf of both claimants in respect of holiday pay;(3) the hearing of live evidence from the claimants and submissions from both counsel;(4) deliberation time; and (3) no further amount being due to the first claimant in respect of her wages claim: Judgment is ordered as follows: (1) The respondent must pay to the second claimant the further sum for unpaid wages of £552 for the period 1 and 2 June 2024 (2 x 12 x £23 per hour); and £3726.38 in respect of the suspension period from 4 to 20 June 2024 inclusive (2.43 weeks @ £1544.49 pw); a total of £4278.38. Such sums are to be paid gross to the second claimant, who will be responsible for accounting to HMRC for any tax due on that sum. (2) The respondent must pay to the first claimant the sum of £5056.17 in respect of notice pay (7 weeks at £722.31 pw). (3) The respondent must pay to the second claimant the sum of £8468.66 in respect of notice pay (8 x £1058.58 pw). (4) Those payments should be made within 14 days. Case Number: 1806924/2024 & 1808700/2024(5) The sums payable at (2) and (3) above are based on the net pay to the claimants, because they are damages for breach of contract. The sums ordered to be paid to the claimants for their wrongful dismissal claims will count towards the £30,000 tax-free lump sum they are entitled to on termination of their employment. Therefore, those sums will be taken into account at Remedy Hearing Part II, to the extent that any compensatory award made at that hearing, together with the amounts paid in respect of wrongful dismissal at this hearing, exceed £30,000. Employment Judge James