Claimant v Naio Nails (Distribution) Ltd

The tribunal found the dismissal was unfair under Part X Employment Rights Act 1996. The respondent failed to provide written terms of employment under section 1 ERA, resulting in an uplift to the compensatory award. The respondent did not attend to defend the claim.

The respondent failed to pay the claimant's contractual notice pay in full. The tribunal awarded damages calculated on a gross basis as it would be treated as Post Employment Notice Pay for tax purposes.

The respondent breached contract by failing to pay accrued holiday pay outstanding at termination. The tribunal awarded the net value of the amount due.

The respondent deducted employee pension contributions from the claimant's pay from 16 February 2024 until termination but failed to pay these to the pension provider, constituting a breach of contract.

The respondent failed to pay employer pension contributions to the claimant's pension provider from 16 February 2024 until termination, breaching the contract of employment.

The claim regarding employee tax and National Insurance contributions deducted but not paid to HMRC was not well-founded. The tribunal found no breach of contract on this issue.

The respondent failed to provide itemised pay statements as required by section 8 ERA 1996 from 17 February 2024 to 2 August 2024. The tribunal found unnotified deductions from pay in the 13 weeks prior to claim presentation and awarded the net sum deducted.

The tribunal determined the claimant was entitled to a statutory redundancy payment under section 163 ERA 1996, but no additional payment was due as the claimant had already been awarded a basic award for unfair dismissal of the same amount.