Mr Bonev v Headstart App Limited — 2023

The tribunal found that the claimant's complaints of unauthorised deductions from pay, in relation to pay for the period March to 25 May 2023 inclusive, and unfair dismissal were well-founded. It also found that the respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015 and applied a 25% uplift under s.207A Trade Union and Labour Relations (Consolidation) Act 1992 to the sums payable to the claimant.

For the unlawful deductions claim, the tribunal ordered payment of a gross sum of £36,943, calculated as the deducted sums for the relevant period plus the 25% uplift. It recorded that the claimant is responsible for any tax or National Insurance due on that amount.

On unfair dismissal, the tribunal awarded a basic award of £2,572 and a compensatory award of £16,985. The compensatory award was built from £600 for loss of statutory rights, £10,531 for loss of gross salary during the one-month notice period, and £2,457 for the difference between the claimant's former net salary and current post for three months, with the subtotal of £13,588 uplifted by 25% to £16,985. The tribunal noted that the notice-period sum was calculated on Norton Tool principles and treated as gross because it was post-employment notice pay.

The breach of contract complaint in relation to notice pay was also found well-founded, but no separate damages were awarded because the claimant's loss from that head had already been taken into account within the unfair dismissal compensatory award.