Mr Z Grudziecki and Mr P Lichon v New Pro Foundries Ltd: 3314583/2023 and 3314584/2023
JUDGMENT
[1]Under section 163 Employment Rights Act 1996 it is determined that the first claimant is entitled to a redundancy payment of £ 9,600, which the respondent shall pay to the first claimant.[2]The first claimant’s complaint in respect of holiday pay is well-founded. The respondent made an unauthorised deduction from the first claimant's wages by failing to pay him for holidays accrued but not taken on the date his employment ended. The respondent shall pay the first claimant £ 1,680, being 14 days’ pay. The first claimant is responsible for paying any tax or National Insurance.[3]The first claimant’s complaint of breach of contract in relation to notice pay is well-founded. The respondent shall pay the first claimant £ 5,400 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.[4]There was insufficient evidence available for the Tribunal to determine the second claimant’s claim. Orders have been made separately about that. Approved by: