G Dobrovolskyte v Palmers Patisserie Manufacturing Ltd: 6015595/2025
JUDGMENT
[1]The claim was presented in the Employment Tribunal on 30th April 2025. The respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made of the claim, or part of it, in accordance with rule 22 of the Rules of Procedure. Notice Pay[2]The complaint of breach of contract in relation to notice pay is well-founded.[3]The respondent shall pay the claimant £269.28 (one week’s pay) 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[4]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.[5]The respondent shall pay the claimant £1,507.97. (28 days statutory holiday - weekly wage of £269.28 divided by 5 days = £53.86 per day x 28 days for the period 31/8/24 to 30/8/25 entitlement). The claimant is responsible for paying any tax or National Insurance. Failure to provide a written statement of employment particulars[6]When the proceedings were begun the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars. There are no exceptional circumstances that make an award of an amount equal to two weeks’ gross pay unjust or inequitable. It is just and equitable to make an award of an amount equal to four weeks’ gross pay. In accordance with section 38 Employment Act 2002 the respondent shall therefore pay the claimant £1,077.12.[7]The respondent must pay the claimant £2,854.37 in total.[8]The hearing listed on 28th January 2026 is cancelled. Approved by: