Mr G Ostler v Peniston Glazing Ltd: 2406505/2019
JUDGMENT
[1]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 £849.20 representing pay for the two week notice period. This is a net sum but is based on the claimant’s gross pay because it is likely that the claimant will have to pay tax on this amount as Post Employment Notice Pay.[2]The complaint of unauthorised deductions from pay is well founded. The respondent is ordered to pay to the claimant the gross sum of £1,273.80 deducted from his pay in respect of the last two weeks of employment (£849.20) and holiday pay (£424.60).[3]In addition under section 24(2) Employment Rights Act 1996 the respondent is ordered to pay to the claimant the sum of £1,000.00 as an amount appropriate in all the circumstances to compensate him for financial losses attributable to the unauthorised deductions from his pay, being £200.00 in respect of interest payable on loans taken out and £800.00 in respect of charges for early termination of a Personal Contract Purchase arrangement for the claimant’s car.[4]The total amount payable by the respondent to the claimant is £3,123.00.