Mr G Smith v Parks of Hamilton (Coach Hirers) Ltd: 2405546/2020
JUDGMENT
[1]This has been a hybrid remote hearing which has been consented to by all parties at a previous hearing. The form of remote hearing was Code V, which means that the hearing took place with attendance of the respondent by video conference using the Tribunal’s CVP video platform. The claimant attended in person. Attendance by all parties was not practicable due to Covid-19 restrictions and noone requested the same.[2]The claimants claim for holiday pay is dismissed on withdrawal.[3]The claimants claim for breach of contract succeeds by consent.[4]The respondent is ordered to pay the claimant damages for breach of contract in the sum of £420.00. This reflects the amount to which the claimant was entitled as notice pay. This is a net sum but has been calculated using gross pay to reflect the likelihood that the claimant will have to pay tax on this sum as “Post Employment Notice Pay”.[5]The complaint of unauthorised deductions from pay is well founded. The respondent is ordered to pay to the claimant the net sum of £414.66 in respect of the amount unlawfully deducted.