Mr J Newcomb v Thistle House Car Sales Ltd: 2302776/2024
JUDGMENT
[1]The Claimant is entitled to a statutory redundancy payment from the Respondent. The Respondent is ordered to pay the gross sum of £19,290.00 as redundancy payment.[2]The Respondent has made an unauthorised deduction from the Claimant’s wages by failing to pay the Claimant the full amount of wages due for the month of February 2024 and is ordered to pay to the Claimant the gross sum of £3,250.00 in respect of the amount unlawfully deducted. The Respondent will be entitled to deduct any tax and employee’s national insurance contributions due on this amount before payment to the Claimant.[3]The Respondent has breached the contract of employment by dismissing the Claimant without the full notice period. The Claimant was entitled to 12 weeks’ notice. The Claimant’s basic gross weekly pay was £750.00 (£750.00 x 12 weeks = £9,000.00.) However, in March 2024 the Claimant received job seekers income support of £198.36 He set up his own business on 2 April 2024 and in April 2024 he made profits of £3,869 and in May profits of £2,961. Therefore, in the 12 week notice period the Claimant received £7,028.36. I must deduct this sum from the £9,000.00 owed. Accordingly, the Respondent is ordered to pay the gross sum as damages for breach of contract of £1,971.64. Case No: 2302776/2024[4]The Respondent has breached the contract of employment by not paying the Claimant the sum for four weeks holiday as agreed. The Claimant’s basic gross weekly pay was £750 (£750 x 4 weeks = £3000.00). The Respondent is ordered to pay the gross sum as damaged for breach of contract of £3,000.