Ms S Brown v Shifrank Ltd (in creditors’ voluntary liquidation): 2401073/2024
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The complaint of breach of contract in relation to notice pay is well-founded. The respondent shall pay the claimant £3600 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.[2]The unfair dismissal complaint is well-founded. The claimant was unfairly dismissed.[3]The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015 and it is just and equitable to increase the compensatory award payable to the claimant by 25 % in accordance with s 207A Trade Union & Labour Relations (Consolidation) Act 1992.[4]The respondent shall pay the claimant the following sums in relation to the claim of unfair dismissal:a. a basic award of £9000.b. A compensatory award of £9197.50 (comprising £7358 net for loss of earnings and a 25% ACAS uplift of £1839.50)c. £500 in respect of loss of statutory rights.[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. The respondent shall pay the claimant £480. The claimant is responsible for paying any tax or National Insurance.[6]The total amount payable by the respondent to the claimant under this judgment is £22,777.50.[7]The claimant’s claim of disability discrimination is unaffected by this judgment and remains listed for a preliminary hearing.