In person For the v Respondent — 2024

At the hearing in Watford on 12-13 December 2024 before Employment Judge French with Mr D Wharton and Mr W Dykes, the tribunal found that the respondent had made an unauthorised deduction from the claimant's wages. It awarded the gross sum deducted, £198, and held that the claimant was responsible for any tax or National Insurance on that amount.

The tribunal also found the complaint of breach of contract in relation to notice pay to be well-founded. It awarded £1,430 as damages, using gross pay to reflect the likelihood that the claimant would have to pay tax on it as Post Employment Notice Pay. The holiday pay complaint was likewise well-founded, with the tribunal finding that the respondent had failed to pay holiday pay in accordance with the Working Time Regulations 1998 and awarding £792 gross.

In addition, the tribunal found that the respondent had breached its duty to provide the claimant with a written statement of employment particulars. It held that there were no exceptional circumstances making an award of two weeks' gross pay unjust or inequitable, and under section 38 of the Employment Act 2002 it awarded £660.

The discrimination claims did not succeed. The complaint of direct sex discrimination was dismissed as not well-founded, and the complaint of harassment related to sex was also dismissed as not well-founded. The complaint of direct marriage discrimination was dismissed upon withdrawal by the claimant. The total sum payable by the respondent was £3,080.