Miss L Walsh v Griffin Nursery Ltd — 2024

This was a Rule 21 judgment in which Employment Judge Phil Allen found for the claimant, Miss L Walsh, against Griffin Nursery Ltd on five heads of claim. The tribunal held that the respondent had made an unauthorised deduction from wages in respect of the claimant's July and August 2023 pay, and ordered payment of the net sum of £4,224.43.

The tribunal also found a breach of contract because pension contributions deducted from the claimant were not paid to the relevant pension scheme. Damages were awarded in the gross sum of £606.92, calculated by reference to the sums deducted. A further breach of contract finding was made in relation to notice: the claimant was dismissed in breach of contract and awarded £5,959.38 gross damages.

On redundancy, the tribunal found that the claimant was dismissed by reason of redundancy and was entitled to a redundancy payment of £9,949.40. It also found that the respondent had failed to pay the claimant's unpaid annual leave entitlement on termination of employment and ordered payment of £1,073.08 gross.

The judgment states that the claimant is responsible for any tax liabilities arising if gross awards are paid without deduction at source. The total payable, being the sum of paragraphs 1 to 5, was £21,813.21. The accompanying notice states that interest is governed by the Employment Tribunals (Interest) Order 1990 and that the stipulated rate was 8% per annum, but no separate interest amount is set out in the judgment text.