Mrs S McIvor v Lucky7Agency Ltd: 2303061/2024
JUDGMENT
This judgment of the Tribunal is as follows: Wages[1]The complaint of unauthorised deductions from wages is well-founded. The Respondent made unauthorised deduction from the Claimant’s wages in the period 7 June 2021 to 18 October 2023.[2]The Respondent shall pay the Claimant £2,818.68 which is the gross sum deducted. The Claimant is responsible for the payment of any tax or National Insurance. Breach of Contract[3]The complaint of breach of contract in relation to notice pay and employer pension contributions is well-founded.[4]The Respondent shall pay the Claimant £11,591.15 as damages for breach of contract. This figure has been calculated using gross pay. 1 of 3 Holiday Pay[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 £3,553.85. The Claimant is responsible for paying any tax or National Insurance. Redundancy Payment[7]Under section 163 Employment Rights Act 1996 it is determined that the claimant is entitled to a redundancy payment of £1,286.00. Unfair Dismissal[8]The complaint of unfair dismissal is well-founded. The Claimant was unfairly dismissed. No further award of damages is made. Pregnancy and Maternity Discrimination[9]The Claimant’s claim of pregnancy / maternity discrimination is dismissed upon withdrawal by the Claimant. Employment Judge Harrington 22 November 2024 Note Reasons for the judgment were given orally at the hearing. Written reasons will not be provided unless a party asked for them at the hearing or a party makes a written request within 14 days of the sending of this written record of the decision.[1]The claims of unfair dismissal and the claims for unpaid wages, notice pay, holiday pay and other payments shall proceed. The claims were not presented within the applicable time limit, but it was not reasonably practicable to do so. The claims were presented within a further reasonable period and shall therefore proceed.[2]The claim of discrimination on the grounds of pregnancy or maternity was not presented within the applicable time limit, but it is just and equitable to extend the time limit. The claim therefore proceeds. 1 of 2 Case Numbers: 2303061/2024 Employment Judge Harrington 22 November 2024 Note Reasons for the judgment were given orally at the hearing. Written reasons will not be provided unless a party asked for them at the hearing or a party makes a written request within 14 days of the sending of this written record of the decision.