Mr J Felton v Surface Magic Repairs Ltd — 2019

Employment Judge Ainscough sat alone at Manchester on 19 July 2019. The tribunal upheld the claimant's breach of contract claim and found that he was entitled to receive notice pay under the employment contract for the period 16 January 2019 to 16 February 2019. The judgment also recorded that the claimant was absent from work through ill health during that period and was therefore only entitled to statutory sick pay during the notice period.

The tribunal dismissed the claim for compensation in relation to outstanding annual leave under Regulation 14(2) of the Working Time Regulations 1998. It found that the respondent was lawfully entitled under Regulation 14(4) of those Regulations to deduct the equivalent of 2.25 days' pay from the claimant's pay during the notice period to reflect leave taken in excess of the proportion of the leave year that had expired when employment ended.

The unlawful deduction from wages claim under section 13 of the Employment Rights Act 1996 was dismissed on withdrawal. The tribunal did not fix the final monetary amount in the judgment and stated that the amount to be paid by way of remedy would be determined after the parties had taken account of any written representations by 26 July 2019.