Claimant v Sama Trading Ltd trading as N/bar
Outcome
Individual claims
The tribunal found that the respondent failed to pay the claimant for the balance of her two-week notice period from 5 October to 14 October 2023. The claimant was entitled to notice pay based on her average weekly earnings of £374.52 plus average commission of £7.96 per week, and an unpaid bonus of £150.
Facts
The claimant was employed by the respondent, a hospitality business trading as N/bar. Her employment ended on 5 October 2023. She worked part-time with an average of 31.21 hours per week at £12 per hour, plus commission averaging £7.96 per week. The respondent failed to pay her for the balance of her two-week notice period (5-14 October 2023) and also failed to pay a £150 bonus that was due on termination. The respondent had only paid £128.95 up to 5 October 2023, excluding tips.
Decision
The tribunal awarded the claimant damages for breach of contract totalling £534.49. This comprised two weeks' notice pay (£764.96), an unpaid bonus (£150), less amounts already paid (£128.95), giving a gross award of £786.01. The tribunal then applied a 32% deduction for tax and national insurance that would have been paid if the sum had been paid as earnings, resulting in the final net award of £534.49.
Practical note
When breach of contract awards relate to notice pay or termination payments within the £30,000 exemption, tribunals must gross down the award to reflect the tax and national insurance that would have been deducted had the payment been made as earnings during employment.
Award breakdown
Case details
- Case number
- 2219158/2023
- Decision date
- 26 March 2024
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- No
Employment details
Claimant representation
- Represented
- No