A Browne v A Donaldson (T/a “Big Andy’s Vehicle Services”): 8000291/2026
JUDGMENT
(1) By consent, the claimant is entitled to notice pay as damages for breach of contract, because he had not committed gross misconduct. The claimant is awarded £357.11 (net), representing notice pay of 1 week.(2) The claimant is entitled to 1 week’s arrears of wages because the respondent has not proved that the claimant had taken paid (as opposed to unpaid) leave exceeding his entitlement to paid annual leave upon termination, or that the respondent was entitled to make a deduction from wages on that basis. The claimant is awarded £440 (gross).(3) The claimant is not entitled to an award under section 38(3) of the Employment Act 2002 because the respondent had complied with its duty under section 1 of the Employment Relations Act 1996 to provide a written statement of particulars of employment.(4) Summary reasons were given orally at the end of the hearing. Neither side applied for those reasons in writing.