Mr L Smith v Cliffemount Community Care Ltd: 2413744/2018

EMPLOYMENT TRIBUNALS

Case No 2413744/2018

Between

Mr L SmithClaimant

Cliffemount Community Care LtdRespondent

Before

Employment Judge Howard

Mr T Wood (instructed by Counsel) for claimant

Not in attendance for respondent

Date 15 October 2019

JUDGMENT

The claimant’s claim of unfair dismissal because of making protected disclosures, pursuant to S103A Employment Rights Act 1996, succeeds. The claimant’s claim for unlawful deductions from pay; deductions wrongly identified as payments made to the relevant authorities of tax and national insurance contributions; pursuant to the provisions of Part II Employment Rights Act 1996, succeeds. The claimant’s claim of breach of contract, being unpaid notice of termination of employment, succeeds. The claimant’s claim of failure to provide an updated statement of employment particulars and itemised payslips, complying with the requirements of Ss 1,4 & 8 Employment Rights Act 1996, succeeds. The Tribunal makes a declaration that the respondent has failed to provide payslips which comply with S8 Employment Rights Act 1996, in that they wrongly itemised deductions for tax and national insurance contributions which were not paid to the relevant authorities. The respondent is ordered to pay to the claimant the sum of £14,429.09, consisting of the following sums:

[1]Breach of contract (notice pay); net: £3,929.98

[2]Unfair dismissal compensatory award: £1,013.03

[3]Unlawful deduction from wages (wrongly itemised tax and national insurance contributions): £7,178.40

[4]Failure to provide an updated statement of written employment particulars: £2,307.68 The recoupment provisions do not apply to this award.