Mr D Rochester v Stagshaw Ltd — 2023

The claimant, Mr D Rochester, succeeded on all three claims against Stagshaw Ltd. The tribunal found that the respondent was in breach of contract because it gave only one week's notice to terminate the employment contract, whereas the contract entitled the claimant to four weeks' notice. The tribunal awarded £1,369.91 on that claim, made up of a pre-uplift figure of £1,095.93 after deducting £254.46 already paid, with a 25% uplift applied under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992.

The claimant also succeeded on his claim under section 23 of the Employment Rights Act 1996 for unauthorised deductions from wages. The tribunal accepted that the respondent had not paid the full contractual 'loyalty bonus' due to the claimant. It awarded £437.50, being the £350 deduction increased by 25% under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992.

The claimant further succeeded on his Working Time Regulations claim arising from accrued but untaken paid holiday at termination. The tribunal found that compensation was due under Regulation 14 of the Working Time Regulations 1998 and awarded £1,442.33, calculated from £1,153.86 before the same 25% uplift. The tribunal recorded that the breach of contract award was based on net pay and that liability for income tax and national insurance on that award lay with the respondent, whereas the wages and holiday pay awards were based on gross pay and any employee tax or national insurance liability lay with the claimant. The total awarded was £3,249.74.