Ms J Collier v NBC Construction Ltd (in creditors voluntary liquidation): 3306099/2023
JUDGMENT
[1]The complaint of unfair dismissal is well-founded. The claimant was unfairly dismissed.[2]The claimant is responsible for paying any appropriate tax or National Insurance owing on any of the amounts below.[3]Under section 163 Employment Rights Act 1996 it is determined that the claimant is entitled to a redundancy payment of £6,771.55.[4]The complaint of failure to pay notice pay under section 86 of the Employment Rights Act 1996 notice pay is well-founded. The respondent shall pay the claimant £2,902.08.[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 £361.73.[7]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. In accordance with section 38 Employment Act 2002 the respondent shall therefore pay the claimant £483.68. PHCM Order (NEW August 2020) 1 of 2 August 2020 Case Number: 3306099/2023[8]No award of future earnings, re-appointment or re-engagement is made.