Ms N Davies v Britcares Ltd: 3310903/2023
JUDGMENT
[1]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages.[2]The respondent shall pay the claimant £198.00, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance.[3]The complaint of breach of contract in relation to notice pay is well-founded.[4]The respondent shall pay the claimant £1430.00 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.[5]The complaint in respect of holiday pay is well-founded. The respondent failed to pay the claimant in accordance with the Working Time Regulations 1998.[6]The respondent shall pay the claimant £792.00 gross. The claimant is responsible for paying any tax or National Insurance.[7]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. It is not just and equitable to make an award of an amount equal to four weeks’ gross pay. In accordance with section 38 Employment Act 2002 the respondent shall therefore pay the claimant £660.00.[8]The complaint of direct sex discrimination is not well-founded and is dismissed. Case Number: 3310903/2023[9]The complaint of harassment related to sex is not well-founded and is dismissed.[10]The complaint of direct marriage discrimination is dismissed upon withdrawal by the claimant.[11]The total sum to be paid by the respondent to the claimant is £3080.00.