Ms S-A Sparks v Anchor Bookham Ltd: 6011637/2024
JUDGMENT
[1]The complaint of breach of contract in relation to notice pay is well-founded.[2]The respondent shall pay the claimant £1,552.80 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. Holiday pay[3]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.[4]The respondent shall pay the claimant £371.40. The claimant is responsible for paying any tax or National Insurance on this sum. Unfair dismissal[5]The complaint of unfair dismissal is well-founded. The claimant was unfairly dismissed.[6]The respondent shall pay the claimant the following sums:a. A basic award of £2,329.20.b. A compensatory award of £13,457.60.[7]Note that these are actual the sums payable to the claimant after any deductions or uplifts have been applied.[8]The Employment Protection (Recoupment of Benefits) Regulations 1996 apply:a. The total monetary award (i.e. the compensatory award plus basic award) payable to the claimant for unfair dismissal is £15,786.80.b. The prescribed element is £10,658.49.c. The period of the prescribed element is from 2nd July 2024 to 17th October 2025.d. The difference between (a) and (b) is £5,128.31. Discrimination[9]The complaint of associative disability discrimination is not well-founded and is dismissed. Wages[10]The complaint of unauthorised deductions from wages in respect of statutory sick pay is not well-founded and is dismissed. This is because the Employment Tribunal does not have jurisdiction to consider such a claim. Approved by: