C Wareing v Mr A Burns T/a Mawdsleys Solicitors: 6017217/2024
JUDGMENT
Employment Tribunals Rules of Procedure 2024 – Rule 22[1]The complaint of unauthorised deductions from wages is well-founded. The respondent shall pay the claimant £1,039.50 which is the gross sum deducted.[2]The complaint of breach of contract in relation to notice pay is well-founded. The respondent shall pay the claimant £2,598.75 (weekly wage as calculated by the claimant £519.75 x 5 weeks = £2,598.75) 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.[3]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £3,898.13.[4]The complaint in respect of holiday pay is well-founded. The respondent made an unauthorized 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. The respondent shall pay the claimant £1,798.33. (The number of days accrued from 1 January 2024 to 13 August 2024 = 17.3 days. 17.3 x 103.95 daily rate = £1,798.33).[5]The total amount payable by the respondent to the claimant under this judgment is £9,334.71.[6]The hearing listed on 31 March 2025 is cancelled. Approved by