Mr S Smith v CA Seafoods (Norfolk) Ltd: 6022075/2024
JUDGMENT
[1]The complaint of breach of contract in relation to notice pay is well-founded.[2]The respondent shall pay the claimant £605.77 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 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 £865.39. The claimant is responsible for paying any tax or National Insurance.[5]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. In accordance with section 38 Employment Act 2002 the respondent shall therefore pay the claimant £ 1,438. Case No: 6022075/2024[6]The complaint of failure to provide written itemised pay statements is not wellfounded and is dismissed.[7]The complaint of automatic unfair dismissal is dismissed upon withdrawal by the claimant. Total award[8]The total gross amount to be paid to the claimant by the respondent is £2,909.16. That must be paid within 14 days of today’s date. Approved by: