Claimant v East Midlands Homes Co-operative Limited

The tribunal found the respondent failed to pay the claimant her contractual notice pay. The tribunal awarded damages of £1373.63 calculated using gross pay to reflect that this would be treated as Post Employment Notice Pay for tax purposes.

The tribunal found it had no jurisdiction to consider the holiday pay claim brought as an unauthorised deduction of wages. The issue was one of overpayment of wages which is an exempt deduction under s.14 Employment Rights Act 1996.

The claimant's claim for unauthorised deduction of wages in relation to her hourly rate was not well founded. The tribunal found no unlawful deduction had occurred in respect of the hourly rate paid.

The claimant's claim under s.38 Employment Act 1996 (regarding written particulars of employment) was not well founded. The tribunal determined the respondent had complied with its obligations under this provision.