Mrs T Cripps v Baller’s Brands Ltd: 3200004/2025
JUDGMENT
The judgment of the Tribunal is as follows: The Claimant was dismissed for redundancy and her employment came to an end on 30 September 2024 when the Respondent ceased providing her with work. The Claimant is entitled to the following payments: Wages:[1]The complaint of unauthorised deductions from wages is well-founded. The Respondent made an unauthorised deduction from the Claimant's wages in the period 1 June 2024 to 30 September 2024[2]The Respondent shall pay the Claimant £4,665.00, which is the gross sum deducted. The Claimant is responsible for the payment of any tax or National Insurance. Notice Pay[3]The complaint of breach of contract in relation to notice pay is well-founded.[4]The Respondent shall pay the Claimant £1,260.00 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[5]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 the Claimant for holidays accrued but not taken on the date the Claimant’s employment ended.[6]The Respondent shall pay the Claimant £337.50. The Claimant is responsible for paying any tax or National Insurance. Redundancy Payment[7]Under section 163 Employment Rights Act 1996 it is determined that the Claimant is entitled to a redundancy payment of £1,890.00. Non-compliance with ACAS Code[8]The Respondent unreasonably failed to comply with the ACAS Code of 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.[9]The sum payable as a result of this increase is £2,038.12 Failure to provide a written statement of employment particulars[10]When the proceedings were begun the Respondent was in breach of its duty to provide the Claimant with a written statement of employment particulars. There are no exceptional circumstances that make an award of an amount equal to two weeks’ gross pay unjust or inequitable. It is just and equitable to make an award of an amount equal to four weeks’ gross pay. In accordance with section 38 Employment Act 2002 the Respondent shall therefore pay the Claimant £1,260.00. Grand total[11]The total awarded to the Claimant and payable by the Respondent forthwith is the sum of £11,450.63.