Ms S Cordona v Cubic Pharmaceuticals Ltd: 2306754/2023
JUDGMENT
[1]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages. The respondent shall pay the claimant £2132.39, which is the net sum deducted. The respondent is responsible for the payment of any tax or National Insurance.[2]The complaint of breach of contract in relation to additional payments is well-founded. The respondent shall pay the claimant £3073.04, which is the net sum deducted. The respondent is responsible for the payment of any tax or National Insurance.[3]The complaint of breach of contract in relation to notice pay is wellfounded. The respondent shall pay the claimant £10087.77 as damages for breach of contract. This figure has been calculated using gross pay to reflect the likelihood that the claimant will have to pay tax on it as Post Employment Notice Pay.[4]The complaint of unfair dismissal is well-founded. The claimant was unfairly constructively dismissed.[5]The respondent shall pay the claimant the following sums:(a) A basic award of £10609.50.(b) A compensatory award of £21800.04. Case No: 2306754/2023 Note that these are actual the sums payable to the claimant after any deductions or uplifts have been applied.[6]The Employment Protection (Recoupment of Benefits) Regulations 1996 do not apply.[7]When the proceedings were begun the respondent was in breach of its duty to provide the claimant with an itemised pay statement.