Mrs A Tracey v Cedar Tree Pads Ltd: 2403333/2024
JUDGMENT
[1]The complaint in respect of holiday pay is well-founded. The respondent failed to pay the claimant in accordance with regulation 14(2) and/or 16(1) of the Working Time Regulations 1998 and is ordered to pay to the claimant the sum of £91.98 net (2.5 days @ £36.79 per day net).[2]When the proceedings were begun the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars. There are no exceptional circumstances that make an award of an amount equal to two weeks’ gross pay unjust or inequitable. It is just and equitable to make an award of an amount equal to four weeks’ gross pay. In accordance with section 38 Employment Act 2002 the respondent shall therefore pay the claimant £1128.80 gross.[3]Payment will be made within 28-days providing the claimant provides her full bank details to the respondent.[4]The complaint of disability discrimination and wrongful dismissal (notice pay) are dismissed on withdrawal. Approved by: