L Jordan v Marks and Spencer plc: 6006866/2025
[1]The Respondent must pay the claimant the sum of £21,667.32 made up of: a) £1463.34 (net) for Company Sick Pay not paid for the period 1/11/2024 to 7/12/2024; b) £243.90 for employer pension contributions on sum for Company Sick Pay for the period 1/11/2024 to 7/12/2024; c) £17587.50 for Injury to Feelings; d) Interest on the sum paid for Company Sick Pay of £109.82; e) Interest on the sum paid for Injury to Feelings of £2262.76.[2]The Respondent shall provide the Claimant with a reconciliation statement (see ‘Note’ below) relating to the December 2024 and January 2025 pay slips within 7 days of the date when this Judgment is sent to the parties.[3]The Respondent shall pay the sum due to the Claimant within 14 days of the date when this Judgment is sent to the parties. Calculation: a) For Company Sick Pay not paid: Gross sum: £2032.42 Less notional income tax at 20% of £406.48 Less notional employee national insurance contributions at 8% of £162.60 = £1463.34 (net sum) b) For employer pension contribution not paid = £243.90 c) For Injury to Feelings = £17587.50 £23,450 gross award for Injury to Feelings less 25% reduction to Injury to Feelings award for failure by Claimant to comply with ACAS Code of Practice on Disciplinary and Grievance Procedures d) Interest on sum for company sick pay and employer pension contribution = £109.82 Interest rate: 8% Period: 7/12/2024 to 10/6/2026 = 587 days (paid to mid-point of period) 587/2 x 0.08x 1/365 x1707.24 = £109 .82 e) Interest on Injury to Feelings award = £2262.76 Interest rate: 8% Period: 7/12/2024 to 10/6/2026 = 587 days 587 x 0.08x 1/365 x 17587.50 = £2262.76 Note: Reconciliation statement: Upon termination of employment, the Respondent requested that the Claimant repay sums it stated had been overpaid as per her December 2024 and January 2024 salary payments. The Claimant repaid some but not all of those sums. The Respondent is to provide a reconciliation statement identifying the sum to be paid to the Claimant for the awards at a) and b) above. As part of that reconciliation process the Claimant must be given credit for the awards at a) and b) and for any repayment that she has already made that relates to the awards at a) and b). Approved by: Employment Judge Boyes Date: 18 June 2026 9 July 2026 T Cadman Public access to Employment Tribunal decisions Judgments are published, in full, online at www.gov.uk/employment-tribunal-decisions shortly after a copy has been sent to the Claimant and Respondent in a case. If there are written full reasons for the judgment, they are also published. Written summary reasons are not published. Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a written request is presented by either party within 14 days of the sending of this written record of the decision. The reasons given orally were the summary reasons. If a request for written reasons is made (within the time limit), the Tribunal might choose to supply written summary reasons or else the Tribunal might choose to provide the written full reasons. If written summary reasons are provided, then written full reasons will not be provided unless requested by any party by a written request received by the Tribunal within 14 days of the sending of the written summary reasons. Recording and Transcription If a Tribunal hearing has been recorded you may request a transcript of the recording, for which a charge may be payable. If a transcript is produced it will not include any oral judgment or reasons given at the hearing. The transcript will not be checked, approved or verified by a judge. There is more information in the joint Presidential Practice Direction on the Recording and Transcription of Hearings. You can access the Direction and the accompanying Guidance here: https://www.judiciary.uk/guidance-and-resources/employment-rules-and-legislationpractice-directions/