Miss H Pettet v McKenzie Arnold Group: 3201660/2017 and 3200205/2018
JUDGMENT
[1]The complaint of unauthorised deductions from wages is dismissed because the Tribunal has no jurisdiction to hear it.[2]The complaint of failure to pay holiday pay succeeds to the extent that the Claimant is owed 1 day and 5.5 hours’ holiday pay.[3]The complaint of wrongful dismissal succeeds.[4]The employer’s contract claim succeeds in respect of overpayments to the Claimant only.[5]Pursuant to s.38 of the Employment Act 2002 the award to the Claimant is increased by the minimum amount.[6]The Respondent shall pay the Claimant the following: £200 in holiday pay (gross), £1,973.40 in respect of notice pay (net) and £978 under s.38 of the 2002 Act. 10.2 Judgment - rule 61 Case No: 3201660/2017[7]The amount owed to the Respondent pursuant to the employer’s contract claim, £1,414, shall be set off against the sums in paragraph 6.