Mr A Dunn v 1066 Capital Ltd T/a Crystal Press: 6012193/2024
JUDGMENT
The judgment of the Tribunal is as follows: Notice Pay[1]The complaint of breach of contract in relation to notice pay is well-founded.[2]The respondent shall pay the claimant £3,703.91 as damages for breach of contract. This figure has been calculated using gross pay. The claimant is responsible for the payment of any tax or National Insurance. Pension contributions[3]The complaint of unauthorised deductions from wages is well-founded. The respondent failed to pay employer pension contributions in the sum of £69.37 in both April and May 2024. It failed to make the employee pension contribution of £115.62 in April 2024, despite deducting this from the claimant’s salary. The total pension contribution the respondent owes to the claimant is therefore £254.36 gross. Case Number: 6012193/2024 Redundancy Payment[4]Under section 163 Employment Rights Act 1996 it is determined that the claimant is entitled to a redundancy payment of £9,804.45. Written Itemised Pay Statements: Declaration[5]The respondent failed to give the claimant written itemised pay statements as required by section 8 Employment Rights Act 1996 for April, May and June 2024. Unfair Dismissal[6]The complaint of unfair dismissal is well-founded. The claimant was unfairly dismissed on 30 May 2024.[7]There is a 100% chance that the claimant would have been fairly dismissed in any event one week later as the parties had agreed a voluntary redundancy on the closure of the claimant’s place of work, to take place on 6 June 2024. The tribunal therefore does not make a compensatory award, but awards £100 for loss of statutory rights for that week. Total[8]The total payment the respondent must make to the claimant is therefore £13,862.72. This sum is a gross figure. The claimant is responsible for any tax or national insurance due.