Mr L Smith v Cliffemount Community Care Limited — 2019

The tribunal upheld Mr Smith's claim of unfair dismissal because of protected disclosures under s.103A Employment Rights Act 1996. It also upheld his claim for unlawful deductions from wages, finding that deductions had been shown on the payslips as tax and national insurance payments to the relevant authorities, but were not in fact paid over as described.

The tribunal further upheld a breach of contract claim for unpaid notice of termination of employment. It also upheld the statutory claim concerning the failure to provide an updated statement of employment particulars and compliant itemised payslips under ss.1, 4 and 8 Employment Rights Act 1996. In relation to the payslip issue, it made a declaration that the respondent's payslips did not comply with s.8 because the deductions for tax and national insurance were wrongly itemised.

The respondent was ordered to pay £14,429.09 in total. The award was broken down as £3,929.98 for breach of contract (notice pay), £1,013.03 as the compensatory award for unfair dismissal, £7,178.40 for unlawful deductions from wages, and £2,307.68 for failure to provide an updated statement of written employment particulars. The recoupment provisions did not apply. The judgment also included an interest notice under the Employment Tribunals (Interest) Order 1990, but no separate interest figure was stated in the judgment text.