Cases6004421/2024

Claimant v Carbon Market Pulse Limited

10 January 2025Before Employment Judge TuejeLondon Southremote video

Outcome

Partly successful£9,682

Individual claims

Breach of Contractsucceeded

The tribunal found the complaint of breach of contract well-founded and awarded notice pay for 2 months, pension contributions for 32 weeks, and holiday pay for 7.4 days, indicating the respondent failed to honour contractual obligations on termination.

Unlawful Deduction from Wagessucceeded

The tribunal found the respondent made an unauthorised deduction from the claimant's wages for the period 8th February 2024 to 19th February 2024, amounting to 8 days of unpaid wages at the daily rate.

Otherfailed

The claimant's claim that the respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures and request for an uplift under s207A TULRCA 1992 was dismissed by the tribunal.

Facts

The claimant was employed by Carbon Market Pulse Limited with a monthly net salary of £3,231.20 and a contractual notice period of 2 months. The respondent failed to pay the claimant for 8 days in February 2024 and did not honour contractual obligations upon termination, including notice pay, pension contributions, and accrued holiday pay.

Decision

The tribunal found in favour of the claimant on breach of contract and unauthorised deductions from wages, awarding a total of £9,682.08 including notice pay, pension contributions, holiday pay and unpaid wages. The tribunal dismissed the claim for an ACAS Code uplift.

Practical note

Even where a claimant succeeds on contractual claims, a tribunal may refuse to apply an ACAS Code uplift if the circumstances do not justify it, emphasising that such uplifts are not automatic.

Award breakdown

Notice pay£6,462
Holiday pay£1,104
Arrears of pay£1,193
Pension loss£923

Legal authorities cited

Statutes

Trade Union and Labour Relations (Consolidation) Act 1992 s.207A

Case details

Case number
6004421/2024
Decision date
10 January 2025
Hearing type
full merits
Hearing days
1
Classification
contested

Respondent

Sector
professional services
Represented
Yes
Rep type
in house

Claimant representation

Represented
Yes
Rep type
barrister