Ms T Duffy v Lakeside Bar & Grill Ltd: 2408771/2023
JUDGMENT
[1]The complaint of breach of contract in relation to notice pay is wellfounded.[2]The respondent shall pay the claimant £1075 as damages for breach of contract. This figure has been calculated using gross pay to reflect the likelihood that the claimant will have to pay tax on it as Post Employment Notice Pay.[3]The respondent was in breach of its duty to give the claimant a written statement of employment particulars and the claimant is entitled to compensation pursuant to section 38 Employment Act 2002.[4]It is just and equitable to award 4 weeks’ pay in respect of the breach of section 38 Employment Act 2002. The respondent is therefore ordered to pay the claimant the sum of £2100 as compensation for the breach.