Ms C Sutherland-Loveday v Leazes Arcade Ltd: 2500484/2025
JUDGMENT
Corrected under Rule 67 Employment Tribunal Procedure Rules 2024 The judgment of the Tribunal is as follows: Notice pay[1]The complaint of breach of contract in relation to notice pay is well-founded.[2]The respondent shall pay the claimant £4,423.10 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. Holiday pay[3]The complaint in respect of holiday pay is well-founded. The respondent made an unauthorised deduction from the claimant's wages by failing to pay her for holidays accrued but not taken on the date the claimant’s employment ended.[4]The respondent shall pay the claimant the corrected sum of £784.58 which has been calculated using gross pay, subject to the deduction of any tax or National Insurance due. Wages[5]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages in November 2025.[6]The respondent shall pay the claimant the sum of £115.38, which has been calculated using gross pay, subject to the deduction of any tax or National Insurance due.REASONS
[1]The claimant's contract terms are accurately set out in the “Job offer letter & contract” dated 21 February 2024 and signed by her on 22 February 2024. That was a binding contract whose terms were offered and accepted. The unsigned contract of employment dated 11 March 2025 was never provided to the claimant or agreed by her.[2]Under the terms of her contract, the claimant was entitled to 2 months’ notice of termination after completing her 3 month probationary period, which she passed on 7 June 2024.[3]When making the claimant redundant the respondent paid her £576.90 representing 1 week’s pay in lieu of notice. The gross amount the claimant should have been paid amounts to £5,000, and therefore the balance of the notice entitlement after giving the respondent credit for the £576.90 paid amounts to £4,423.10 gross. Holiday pay[4]Under the terms of her contract, the claimant was entitled to 28 days’ annual leave including public holidays. Between 11 March and 7 November 2024 the claimant accrued a total of 16.8 days’ leave, of which 8 days were taken in May and August. In November she received a payment for two further days’ leave.[5]This left a balance of 6.8 days accrued but not paid as at the claimant's termination date, and her entitlement is calculated on the gross daily rate of £115.38. Wages[6]In November 2024 the claimant worked 5 days before being made redundant on 7 November, but was paid only for 4 days. She is therefore entitled to £115.38 based on gross pay. SE Langridge Employment Judge Langridge