Claimant v Redd Brick Recruitment Ltd

The claimant was dismissed on 29 May 2024 and told he would be paid for his notice period. No communication indicated he should not expect payment, nor was there any conduct procedure regarding alleged non-cooperation during notice. The tribunal found he was entitled to one month's notice to 28 June 2024 and payment for that period, less two days already paid and subject to a commission rebate deduction of £900.

The claimant had accrued 15 days' annual leave by the termination date (half of his 30-day entitlement). He had taken 10 days' leave during 2024. The tribunal found he was entitled to payment for 5 days' outstanding accrued holiday at his daily rate of £163.46, totalling £817.30 gross.

The respondent failed to pay the claimant his notice pay and holiday pay on termination. While the respondent was entitled to deduct a commission rebate of £900 under the contract's deductions clause, the total failure to pay notice pay and holiday pay constituted unlawful deductions from wages under section 13 ERA 1996.