Mr E McHenry v Members Ltd T/a Marks Tey Hotel: 3201987/2019
JUDGMENT
[1]The breach of contract claim succeeds. The Respondent is ordered to pay to the Claimant the sum of £1163.93 gross, which should be paid via a payslip with tax and national insurance deductions but no deductions for pension.[2]The claim for holiday pay succeeds. The Respondent is ordered to pay to the Claimant £391.04 paid via payslip as above.[3]The complaint of automatic unfair dismissal (for Trade Union membership) does not succeed.[4]The complaint of automatic unfair dismissal (for assertion of statutory rights) does not succeed.[5]The complaint of automatic unfair dismissal (for a health and safety complaint) does not succeed.[6]The complaint of automatic unfair dismissal (for making a protected disclosure) does not succeed.[7]The complaint of direct race discrimination does not succeed.[8]The complaint of direct age discrimination does not succeed.[9]The complaint of unlawful deduction of wages does not succeed. Employment Judge Moor 22 February 2021 Calculation of Remedy Contract Claim (Notice)[1]The contract required a months’ notice of termination. The Claimant was paid £349.20 in lieu of notice. We have found the Claimant was paid £1513.13 gross per calendar month. Therefore he is due: £1513.13 – £349.20 = £1163.93 gross This should be paid via a payslip with tax and national insurance deductions from it but no pensions deduction. Accrued Holiday Pay[2]The Claimant is only entitled to be paid for accrued leave in the leave year up to the effective date of dismissal. The agreed leave year was 1 April to 9 July = 99 days. The Claimant was entitled to 5.6 weeks. He had accrued 99/365 x 5.6 weeks = 1.52 weeks. 1 week’s pay gross = 349.20 1.52 x 349.20 = 530.78. He was paid £139.74 in his final payslip for outstanding holiday The sum therefore owing is 530.78- 139.78 = £391.04 gross. This should be paid via a payslip with tax and national insurance deductions from it but no pensions deduction.