Claimant v The Mates Group Ltd
Outcome
Individual claims
The tribunal found the respondent breached contract by failing to pay notice pay. The respondent was ordered to pay £11,250 as damages calculated using gross pay to reflect it would be taxed as Post Employment Notice Pay.
The tribunal found the respondent breached contract by failing to pay for accrued but untaken holiday at the date employment ended. The respondent was ordered to pay the net value of £497.40.
Facts
Mr O Driver brought claims against The Mates Group Limited for breach of contract relating to notice pay and holiday pay. The respondent failed to pay notice pay owed to the claimant upon termination of employment and also failed to pay for accrued but untaken holiday. The tribunal determined both claims on the papers without a full hearing.
Decision
The tribunal found both claims well-founded. The respondent was ordered to pay £11,250 in notice pay (calculated gross as it would be taxed as Post Employment Notice Pay) and £497.40 in holiday pay (calculated net). The scheduled hearing was cancelled as the matter was resolved.
Practical note
Employers must pay notice pay and accrued holiday pay on termination, with notice pay calculated gross to account for PENP taxation treatment.
Award breakdown
Case details
- Case number
- 6018211/2024
- Decision date
- 17 January 2025
- Hearing type
- on papers
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No