Claimant v CA Seafoods (Norfolk) Ltd

The tribunal found the respondent failed to pay the claimant proper notice pay on termination. The claimant was entitled to damages for breach of contract calculated using gross pay given that this would be taxable as Post Employment Notice Pay.

The tribunal found the respondent made an unauthorised deduction from wages by failing to pay the claimant for holidays accrued but not taken on the date employment ended. The claimant was awarded the value of those accrued holidays.

The tribunal found that when proceedings began the respondent was in breach of its duty to provide written statement of employment particulars under section 38 Employment Act 2002, with no exceptional circumstances making an award unjust or inequitable.

The complaint of failure to provide written itemised pay statements was not well-founded and was dismissed by the tribunal.

The complaint of automatic unfair dismissal was withdrawn by the claimant and dismissed by the tribunal upon withdrawal.