S Harradine v Thoughtstream Consulting Ltd: 3307807/2023
JUDGMENT
Under section 163 Employment Rights Act 1996 it is determined that the claimant is entitled to a redundancy payment of £5,192.28. The complaint of unfair dismissal is well-founded. The claimant was unfairly dismissed. The respondent shall pay the claimant the following sums (these are the actual sums payable to the claimant after any deductions or uplifts have been applied):[2.1]Pursuant to section 122(4) of the Employment Rights Act 1996, the claimant’s basic award is reduced to nil to reflect that the redundancy payment ordered in paragraph 1 of this Judgment.[2.2]A compensatory award of £10,206.99. The complaint in respect of holiday pay is well-founded. The respondent(1) made an unauthorised deduction from the claimant's wages,(2) was in breach of contract and(3) failed to pay the claimant in accordance with regulation 14(2) and/or 16(1) of the Working Time Regulations 1998 by failing to pay the claimant for holiday entitlement accrued but not taken on the date the claimant’s employment ended. Accordingly, the respondent shall pay the claimant £1,153.84. The claimant is responsible for paying any tax or National Insurance. The Employment Protection (Recoupment of Benefits) Regulations 1996 apply:[4.1]The total monetary award payable to the claimant for unfair dismissal is £10,206.99[4.2]The prescribed element is £10,206.99.[4.3]The period of the prescribed element is from 1 May 2023 to 1 November 2023.[4.4]The difference between(1) and(2) is £0.