Mrs D Marshall v James Lynn Catering Services Ltd — 2022

The tribunal, sitting at Newcastle Hearing Centre by CVP and with the respondent unrepresented and no response having been received, found three claims well-founded. It held that James Lynn Catering Services Ltd breached Mrs D Marshall's contract of employment by not giving her the one week's notice of termination to which she was entitled under the contract and section 86 of the Employment Rights Act 1996.

The tribunal also upheld the complaint under section 23 of the Employment Rights Act 1996 that the respondent made unauthorised deductions from wages contrary to section 13. The deductions were the failure to pay the claimant at all for the first and last months of her employment, identified in the judgment as £650.43 and £864.27.

A further claim succeeded under regulation 14 of the Working Time Regulations 1998. The tribunal found that, on termination of employment, the claimant had 43.4 hours of accrued but untaken paid holiday for which she had not been compensated. It awarded £386.69 for that entitlement.

The judgment records that the breach of contract award of £209.56 was calculated by reference to net pay, with liability for income tax or national insurance contributions falling on the respondent alone. The wage and holiday pay awards of £1,514.70 and £386.69 were calculated by reference to gross pay, with any liability for income tax or employee's national insurance contributions falling on the claimant alone.