Mrs M Lawrence v Genepool Personnel Ltd (in voluntary liquidation): 2302587/2022
JUDGMENT
Employment Tribunals Rules of Procedure 2013 Rule 21[1]The complaint of age discrimination is dismissed upon withdrawal.[2]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant’s wages in the sum of £1,015 (net).[3]The complaint of breach of contract in relation to notice pay is well-founded.[4]The respondent shall pay the claimant £3,100 (net).[5]The complaint 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.[6]The respondent shall pay the claimant £3,465 (net).[7]The complaint that the respondent was in breach of contract by failing to pay the claimant a contractual redundancy payment is well-founded.[8]The respondent shall pay the claimant £6,975 (net) as damages for breach of contract.[9]When the proceedings were begun the respondent was in breach of its duty to provide the claimant a written statement of employment particulars. There are no exceptional circumstances that make an award of an amount equal to two Case Number: 2302587/2022 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 £668.[10]The total award is £15,993 (gross).[11]Recoupment does not apply to this award.