Mrs T Jones v Matthew Hardy Peet T/A Peet and Sons — 2025

The tribunal upheld the claimant's complaint of unauthorised deductions from wages and found that the respondent made an unauthorised deduction in the period from 23 July 2024 to 30 August 2024. It ordered payment of £91.52 gross. The tribunal also upheld the breach of contract claim for notice pay and awarded £2,196.48, calculated using gross pay to reflect the likelihood of tax being payable as Post Employment Notice Pay.

The tribunal further upheld the holiday pay complaint, finding that the respondent was in breach of contract by failing to pay for holiday accrued but not taken when the employment ended. It awarded £541.56 as the net value due. Under section 163 Employment Rights Act 1996, the tribunal determined that the claimant was entitled to a redundancy payment of £4,759.04.

The unfair dismissal complaint succeeded, and the tribunal found that the claimant was unfairly dismissed. However, it also found there was a 100% chance that she would have been fairly dismissed in any event. The judgment records that no award for loss of statutory rights was included because that head would fall within the compensatory award and was therefore subject to the 100% reduction; the judge noted that an oral indication at the hearing that £500 would be awarded for loss of statutory rights had been an error.

The tribunal also found that, when the proceedings were begun, the respondent was in breach of its duty to provide a written statement of employment particulars. Finding no exceptional circumstances making an award unjust or inequitable, it held that it was just and equitable to award four weeks' gross pay under section 38 Employment Act 2002, in the sum of £736.16.