Mr J Felton v Surface Magic Repairs Ltd: 2402924/2019
JUDGMENT
[1]The Claimant’s claim for breach of contract is upheld. The Claimant was entitled to receive notice pay in accordance with the employment contract between 16th January 2019 and 16th February 2019.[2]The Claimant was absent from work through ill health between the 16th January 2019 and 16th February 2019 and was therefore only entitled to the payment of statutory sick pay during the notice period.[3]The Claimant’s claim for compensation in relation to outstanding annual leave in accordance with Regulation 14(2) of the Working Time Regulations 1998 is dismissed.[4]The Respondent is lawfully entitled to deduct the equivalent of 2.25 days pay from the Claimant’s pay during the notice period to account for the proportion of leave taken by the Claimant which exceeded the proportion of the leave year that had expired on the termination of the Claimant’s employment in accordance with Regulation 14(4) of the Working Time Regulations 1998.[5]The Claimant’s claim for unlawful deduction from wages contrary to Section 13 of the Employment Rights Act 1996 was dismissed on withdrawal.[6]The amount to be paid to the Claimant by way of remedy will be determined once the parties have taken account of any written representations by 26th July 2019. Case No. 2402924/2019