Mrs T Brown v All Aboard Nursery (Stockport) Ltd and E J Jones: 2407971/2022 and 2408292/2022

EMPLOYMENT TRIBUNALS
Case No 2407971/2022, 2408292/2022
Mrs T BrownClaimantAll Aboard Nursery (Stockport) Ltd and E J JonesRespondent
Employment Judge DennehyIn person for claimantIn person for respondentDate 19 January 2023

JUDGMENT

[1]The name of the respondent is amended to All Aboard Nursery (Stockport) Limited.[2]The complaint in respect of holiday pay is well founded. The respondent made an unauthorised deduction from the claimant’s pay by failing to pay the claimant accrued but untaken annual leave on termination of employment and is ordered to pay to the claimant the gross sum of £818.62 (daily rate of pay is £74.42 x 11 days holiday).[3]The complaint in relation to unpaid wages is well founded. The respondent is ordered to pay the claimant the gross sum of £967.42 for the month of July 2022 (monthly rate of pay is £967.42)[4]Under section 163 Employment Rights Act it is determined that the claimant is entitled to a redundancy payment in the sum of £1,339.50 (weekly rate of pay is £223.25 x 6).[5]The Tribunal calculates the amount of payment on a gross basis, but the respondent is entitled to make any deductions which are due for tax and national insurance contributions before payment is made to the claimant.[6]Case number 2408292/2022 is dismissed.

REASONS

JUDGMENT SENT TO THE PARTIES ON 3 February 2023 Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision.