Ms M Puzitskaya v Linkilaw Solicitors Ltd: 6003526/2025
JUDGMENT
In the premises, the judgment of the Tribunal is as follows: Holiday Pay[1]The complaint in respect of holiday pay is well-founded. The 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.[2]The respondent shall pay the claimant £4576.74 (gross). The claimant is responsible for paying any tax or National Insurance. Wages[3]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages in the period 01 January 2024 to 17 October 2024.[4]The respondent shall pay the claimant £34,232.96 (gross), consisting of:a. Unpaid wages prior to 17 October 2024 (the ‘Back Pay’ element of the October 2024 and November 2024 payslips) of £3478.26;b. Unpaid wages incurred during the claimant’s period of ‘Gardening Leave’ (the ‘Gardening Leave’ element of the November 2024 payslip) of £5652.17;c. The unpaid commission sums agreed in the amounts of £2400 and £22,702.53.[5]The claimant’s claim for unauthorised deduction from wages (or in the alternative, breach of contract) in relation to the sums claimed under the DPO contract is dismissed as withdrawn. This judgment does not affect the claimant’s ability to bring those claims in the civil courts should she so choose.[6]The claimant is responsible for the payment of any tax or National Insurance. Notice Pay[7]The complaint of breach of contract in relation to notice pay is well-founded.[8]The amount owed under the claimant’s contract of employment amounts to £30k, however this is limited by the statutory cap applicable to breach of contract claims in the Employment Tribunal under s10 of the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994.[9]The respondent shall therefore pay the claimant £25,000 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. Total[10]The respondent shall pay the claimant the total sum of £63,809.70 by 9 July 2025. Interest[11]The claimant’s claim for interest on the sums claimed is dismissed. Approved by: