N J Brown v Collpay Ltd and others: 3306600/2024
JUDGMENT
[1]The claims against the first respondent are struck out, no permission having been given by the High Court to continue the claim against the first respondent in liquidation.[2]The claimant’s employment transferred from the first respondent to the second respondent on 1 April 2024 by way of TUPE.[3]The complaint of unauthorised deductions from wages is well-founded. The second respondent made an unauthorised deduction from the claimant's wages in the period from 1 April 2024 to 8 April 2024.[4]The respondent shall pay the claimant £1,315.38, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance.[5]The complaint in respect of holiday pay is well-founded. The second 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 second respondent shall pay the claimant £1,973.07. The claimant is responsible for paying any tax or National Insurance.[7]The complaint of breach of contract in relation to notice pay is well-founded.[8]The second respondent shall pay the claimant £14,030.77 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.[9]The complaint that there was a failure to inform and consult the claimant regarding the TUPE transfer is well founded.[10]The second respondent shall pay a protective award of £14,250.00.[11]The claims against the third respondent are not well founded and are dismissed. Approved by: