Mrs D Marshall v James Lynn Catering Services Ltd: 2500273/2022
JUDGMENT
The Judgment of the Employment Tribunal is as follows:[1]The claimant’s complaint that the respondent was in breach of her contract of employment by not giving to her the one week’s notice of the termination of that contract to which she was entitled in accordance with both that contract and Section 86 of the Employment Rights Act 1996 is well-founded.[2]In respect of that breach of contract the respondent is ordered to pay to the claimant compensation of £209.56.[3]The claimant’s complaint under section 23 of the Employment Rights Act 1996 that the respondent made unauthorised deductions from her wages contrary to section 13 of that Act in that it did not pay her at all in respect of the first and last months of her employment (£650.43 and £864.27 respectively) is well-founded.[4]In respect of the above unauthorised deductions the respondent is ordered to pay to the claimant £1,514.70.[5]The claimant’s complaint that, contrary to Regulation 14 of the Working Time Regulations 1998, the respondent had not paid her compensation in respect of Case Number: 2500273/2022 her entitlement to 43.4 hours’ paid holiday that had accrued but not been taken by her at the termination of her employment is well-founded.[6]In that respect, the respondent is ordered to pay to the claimant the amount due to her being £386.69.[7]The award referred to at paragraph 1 above has been calculated by reference to the claimant’s net pay and any liability for income tax or national insurance contributions shall be the liability of the respondent alone. The awards referred to at paragraphs 4 and 6 above have been calculated by reference to the claimant’s gross pay and any liability for income tax or employee’s national insurance contributions shall be the liability of the claimant alone. EMPLOYMENT JUDGE MORRISREASONS
Reasons for the above Judgment having been given orally at the hearing, and no request having been made at the hearing, written reasons will not be provided unless a written request is presented within 14 days of the sending of this written record of the Judgment.