Mrs V Smith v Isys Care Ltd: 2602730/2023 and others
JUDGMENT
[1]The complaint of an unauthorised deductions from wages is well-founded. The Respondent shall pay the Claimant £1597.60, which is the gross sum deducted. The Claimant shall be responsible for payment of any tax or National Insurance.[3]The complaint of breach of contract in relation to notice pay is well-founded. The Respondent shall pay the Claimant £4,607.64 gross as damages for breach of contract. The Claimant shall be responsible for any tax and national insurance thereon.[4]The complaint in respect of unpaid holiday pay is well-founded. The Respondent made an unauthorised deduction from the Claimant's wages by failing to pay the Claimant for holidays accrued but not taken on the date the Claimant’s employment ended. The Respondent shall pay the Claimant £828.12 gross. The Claimant shall be responsible for paying any tax or National Insurance[5]The Claimant was unfairly dismissed.[6]The Respondent unreasonably failed to comply with the ACAS Code of Page 1 of 3 Practice on Disciplinary and Grievance Procedures 2015 and it is just and equitable to increase the compensatory award payable to the Claimant by 25% in accordance with s 207A Trade Union & Labour Relations (Consolidation) Act 1992.[7]The Respondent shall pay the Claimant the following sums:(a) A basic award of £8,639.33(b) A compensatory award calculated as follows: Loss of earnings: £4,607.64 Loss of statutory rights: £ 634.00 Uplift of 25%: £ 1,312.66 Total compensatory award: £6,563.33 Total award for unfair dismissal: £15,202.66