Ms A V Jackson and others v Creative Solutions (Manchester) Ltd: 2410738/2019 and others
EMPLOYMENT TRIBUNALS
Case No 2410738/2019, 2417039/2019, 2410740/2019, 2410741/2019
Between
Ms A V Jackson and othersClaimantCreative Solutions (Manchester) LtdRespondent
Before
Employment Judge LeachDate 29 October 2019
JUDGMENT
[1]Each of the four claimants was dismissed by the respondent on 30 April 2019.[2]In each case the reason for dismissal was redundancy and each claimant is entitled to a statutory redundancy payment to be paid by the respondent. The amounts are set out in the schedule attached.[3]Each claimant was entitled to a notice period of 12 weeks in accordance with section 86 of the Employment Rights Act 1996. No notice of dismissal was given. The respondent is ordered to pay damages for breach of contract in the sums set out in the schedule attached.[4]None of the claimants was paid their salary for April 2019. This non payment of salary amounts to an unlawful deduction of wages contrary to section 13 of the Employment Rights Act 1996 (“ERA”), and a declaration that the complaint is well Case Nos. 2410738/2019 2417039/2019 2410740/2019 2410741/2019 2 founded is made in accordance with section 24 of the ERA. The respondent is ordered to pay wages of the amounts set out in the schedule attached.[5]Each claimant is entitled to payment of accrued untaken holidays. The amounts owing are set out in the schedule attached. The respondent is ordered to pay this amount by way of further damages for breach of contract.[6]The respondent failed to make contributions into the relevant pension scheme for the months of February, March and April 2019. Accordingly,a. the amounts deducted by the respondent from the wages of the claimants by way of employee contributions to pension are unlawful deductions from salary contrary to section 13 of the Employment Rights Act 1996. A declaration to that effect is made, in accordance with section 24 of the ERA. The respondent is also ordered to pay wages of the amounts set out in the schedule attached.b. The amounts payable by the respondent by way of employer contributions to pension were not paid. The respondent is ordered to pay damages for breach of contract in the sums set out in the schedule attached. Case Nos. 2410738/2019 2417039/2019 2410740/2019 2410741/2019 3 SCHEDULE A. Ms A V Jackson[1]Unpaid salary for April 2019 (unlawful deduction contrary to section 13 ERA £1,666.67 gross[2]Breach of contract (unpaid notice) £4,615.44 gross Breach of contract (unpaid holiday) £615.36 gross[4]Unpaid pension contributions: -Unlawful deduction contrary to section 13 ERA £111.72 -Breach of contract £70.11[5]Statutory Redundancy payment £5,769.23 B. Mrs L Malcolm[1]Unpaid salary for April 2019 (unlawful deduction contrary to section 13 ERA ) £2333.00 gross Breach of contract (unpaid notice) £2153.84 gross Breach of contract (unpaid holiday) £681.68 gross[4]Unpaid pension contributions: -Unlawful deduction contrary to section 13 ERA £483.21 -Breach of contract £109.83[5]Statutory Redundancy payment £11,812.50 C. Mrs L H Stephens 1. Unpaid salary (unlawful deduction contrary to section[13]Employment Rights Act 1996) £1,750.00 gross 2. Breach of contract (unpaid notice) £4,136.58 gross Case Nos. 2410738/2019 2417039/2019 2410740/2019 2410741/2019 4 3. Breach of contract (unpaid holiday) £619.51 gross 4. Unpaid pension contributions: -Unlawful deduction contrary to section 13 ERA £392.82 -Breach of contract £74.82 5. Statutory Redundancy payment £7875.00 D. Mrs A L Yoli-Moore 1. Unpaid salary (unlawful deduction contrary to section 13 Employment Rights Act 1996) £1,276.83 gross 2. Breach of contract (unpaid notice) £21345.02gross 3. Breach of contract (unpaid holiday) £464.12 gross 4. Unpaid pension contributions: -Unlawful deduction contrary to section 13 ERA £128.76 -Breach of contract £45.99 5. Statutory Redundancy payment £4252.40