Mrs T Higginson v Reece Contracts Ltd: 2404935/2019
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The respondent has made unauthorised deductions from the claimant's wages in respect of wages for January and February 2019 at £2,800.00 per month gross and is ordered to pay the claimant the gross sum of £5,600.00.[2]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the sum of £464.61 (after giving credit for earnings from mitigation of loss during the notice period).[3]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £2,286.00 representing 3 years’ continuous employment all when aged over 41 years at the relevant date of termination and at the statutory maximum week’s pay.[4]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the gross sum of £2,280.00.[5]The hearing listed on 28 August 2019 is cancelled. Damages for breach of contract in respect of notice have been assessed on the basis of the claimant’s gross pay for the notice period. Once the respondent pays that amount to the claimant, HMRC is likely to require the claimant to pay tax and national insurance on it as “Post-Employment Notice Pay”.