A Winter v Aspins Bakery Ltd: 2500736/2022
JUDGMENT
[1]The claimant was unfairly dismissed.[2]The claimant is entitled to a redundancy payment.[3]The claimant’s complaint that the respondent breached her contract of employment by terminating it without notice is well founded.[4]The claimant’s complaint that the respondent made deductions from her wages in contravention of section 13 of the Employment Rights Act 1996 by failing to pay wages earned in March 2022 is well founded.[5]The claimant’s complaint that the respondent failed to pay to her holiday pay in respect of accrued but untaken holiday due under regulation 14 of the Working Time Regulations 1998 is well founded to the extent that it relates to holidays that accrued between 1 January 2022 and the termination of the claimant’s employment in March 2022. Case No. 2500736/2022[6]The claimant’s complaint that the respondent failed to pay to her an amount due to her in respect of accrued but untaken holiday is not well founded to the extent that it relates to holidays that accrued before 1 January 2022.[7]The respondent must pay to the claimant the following amounts (subject to any deductions the respondent is required, by law, to make in respect of tax and/or national insurance):-a. £13,328 as a statutory redundancy paymentb. £6,588, as damages for breach of contractc. £1,098, being the amount deducted from the claimant’s wages in contravention of section 13 of the Employment Rights Act 1996d. £505.08, being the amount remaining due to the claimant under regulation 14 of the Working Time Regulations 1998 in respect of holiday.[8]No compensation is awarded for unfair dismissal.