Mrs E Metoda v Nutrifit Care Ltd (In Creditors Voluntary Liquidation) and The Secretary of State for Business and Trade: 2403088/2023
JUDGMENT
[1]Under section 163 Employment Rights Act 1996 it is determined that the claimant is entitled to a STATUTORY redundancy payment of £3037.50.[2]The complaint of breach of contract in relation to notice pay is wellfounded.[3]The first respondent shall pay the claimant £2025 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 in respect of holiday pay is well-founded. The first respondent failed to pay the claimant in accordance with regulation 14(2) and/or 16(1) of the Working Time Regulations 1998. The claimant is entitled to 20 days’ holiday pay per year for the last two years of her employment (40 days in total.)[5]The first respondent shall pay the claimant £1800 in respect of 40 days accrued but untaken annual leave for the last two years of employment. The claimant is responsible for paying any tax or National Insurance.[6]The claimant’s claim for unauthorised deductions from wages in respect of working from home allowance of £6 per week is not well founded and is dismissed.[7]THE TRIBUNAL HAS NOT MADE ANY FINDING OR DETERMINATION IN RELATION TO WHAT SUMS HAVE ALREADY BEEN PAID TO THE CLAIMANT BY THE SECOND RESPONDENT. CONSEQUENTLY, NO DEDUCTION FROM THE GROSS JUDGMENT SUMS HAS BEEN MADE HEREIN IN ORDER TO GIVE CREDIT FOR SUMS ALREADY PAID BY THE SECRETARY OF STATE.