Claimant v Matthew Hardy Peet T/A Peet and Sons

The tribunal found that the respondent made an unauthorised deduction from the claimant's wages in the period 23 July 2024 to 30 August 2024. The respondent was ordered to pay the gross sum deducted of £91.52.

The complaint of breach of contract in relation to notice pay was well-founded. The respondent failed to pay the claimant proper notice pay upon termination of employment, resulting in an award of £2,196.48 calculated on a gross basis.

The respondent was in breach of contract in failing to pay the claimant for holidays accrued but not taken on the date the claimant's employment ended. The claimant was awarded £541.56 representing the net value of accrued holiday pay.

Under section 163 Employment Rights Act 1996, the tribunal determined that the claimant was entitled to a statutory redundancy payment of £4,759.04, indicating the claimant had qualifying service and the dismissal was by reason of redundancy.

The complaint of unfair dismissal was well-founded and the claimant was unfairly dismissed. However, the tribunal applied a 100% Polkey reduction, finding there was a 100% chance that the claimant would have been fairly dismissed in any event, resulting in no compensatory award.

The respondent was in breach of its duty to provide the claimant with a written statement of employment particulars when proceedings began. The tribunal found no exceptional circumstances and awarded four weeks' gross pay (£736.16) under section 38 Employment Act 2002.