Ms G Macgregor v Represented by Ms A Bowman - Solicitor Bells Pub Group Limited — 2024

Ms G Macgregor succeeded in her claim under s23 ERA 1996 for unlawful deductions from wages. The tribunal held that £1,223.60 had been unlawfully deducted, comprising £608 for wages for hours worked in January 2023 due on 28 February 2023, £190 for wages for hours worked in February 2023, £304 for two weeks' holiday taken in February 2023, and £121.60 for payment in lieu of holiday entitlement due on termination. The order was for the gross sum, with the usual deduction for tax and employee national insurance if required by law.

The claimant also succeeded in wrongful dismissal. The tribunal found that 6 Bells Pub Group Limited dismissed her without the two weeks' notice required by contract, and awarded £304.00 net as damages for breach of contract. It further found that she was dismissed by reason of redundancy and had not received a statutory redundancy payment, so it ordered payment of £456.00.

The unfair dismissal claim also succeeded. The tribunal held that the claimant was unfairly dismissed by reason of redundancy, but it awarded no compensation on that claim. In addition, the tribunal found that the respondent had failed to issue a written statement of particulars of employment under s1 ERA 1996. Because the claimant succeeded in claims within Schedule 5 of the Employment Act 2002 and no written particulars were provided, the tribunal awarded two weeks' pay capped at £571 per week, giving a further £304.00 under s38(3) of the Employment Act 2002. The total monetary sum ordered was £2,287.60.