Mrs B Barnfield v Meadowbrook Montessori Ltd: 3310402/2023

EMPLOYMENT TRIBUNALS
Case No 3310402/2023
Between
Mrs B BarnfieldClaimantMeadowbrook Montessori LtdRespondent
Before
Employment Judge ArmstrongNot represented for respondentDate 3 October 2024

JUDGMENT

[1]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages in the period April 2023.[2]The respondent shall pay the claimant £2,575, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance.[3]The respondent shall also pay the claimant £77.25 to compensate the claimant for financial loss attributable to the unauthorised deduction (pension contributions).[4]The complaint of breach of contract in relation to notice pay is wellfounded.[5]The respondent shall pay the claimant £10,609 as damages for breach of contract (£10,300 notice pay for the period 1 May 2023 to 31 August 2023, and £309 pension contributions). 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. 10.2 Judgment - rule 61 February Case No: 3310402/2023[6]Under section 163 Employment Rights Act 1996 it is determined that the claimant is entitled to a redundancy payment of £6,239.41.[7]The respondent failed to comply with the requirements of section188 and 188A of the Trade Union and Labour Relations (Consolidation) Act 1992.[8]It is declared that the claim for a protective award is well-founded.[9]A protective award is made in respect of the claimant who was employed by the respondent at their premises at Malt Hill, Warfield, Bracknell, Berkshire and who was dismissed as redundant on 21 April 2023. 5. The protected period begins on 21 April 2023 and is for a period of 90 days, it being just and equitable to make the maximum award because of the complete failure to comply with the statutory requirements for collective consultation.[10]The claim for holiday pay is dismissed on withdrawal by the claimant.[11]The respondent unfairly dismissed the claimant but no further remedy is awarded in light of the notice pay and redundancy pay awarded above.