Mrs T Higginson v Reece Contracts Ltd — 2019

This was a Rule 21 judgment in favour of Mrs T Higginson against Reece Contracts Ltd. The tribunal found that the respondent had made unauthorised deductions from wages for January and February 2019, each at £2,800 gross, and ordered repayment of £5,600 gross.

The tribunal also found that the claimant was dismissed in breach of contract in respect of notice. Damages were assessed at £464.61 after credit was given for earnings obtained in mitigation during the notice period. The judgment noted that once that amount is paid, HMRC is likely to require the claimant to account for tax and national insurance as Post-Employment Notice Pay.

On redundancy, the tribunal found that the claimant was dismissed by reason of redundancy and was entitled to a statutory redundancy payment of £2,286. The judgment recorded that this figure reflected 3 years' continuous employment, the claimant being over 41 at the relevant termination date, and application of the statutory maximum week's pay.

Finally, the tribunal found that the respondent had failed to pay the claimant's holiday entitlement and ordered payment of £2,280 gross. The judgment also records that the hearing listed for 28 August 2019 was cancelled, and the total monetary award across the claims was £10,630.61.