Miss K Smethurst v Sircus Ltd (England and Wales : Breach of Contract) -[2025] UKET 6003002/2025- (29 April 2025)

Key Facts

Issues

• The complaint of unauthorized wage deductions was upheld. The respondent is required to pay the claimant £160.
• The claimant was dismissed in breach of contract regarding notice. The respondent must pay £2,400 in damages, calculated using gross pay.
• The total amount the respondent must pay the claimant under this judgment is £6,120.00.
• The claimant's dismissal was due to redundancy, entitling them to a £3,000 redundancy payment.
• The respondent did not present a valid response on time to the claims, so the tribunal made a determination under Rule 22 of the Employment Tribunals Rules of Procedure 2024.
• The respondent failed to pay holiday pay as required by regulation 16(1) of the Working Time Regulations 1998. They are ordered to pay £560, with the claimant responsible for taxes.

Holdings

• The respondent failed to present a valid response on time to these claims and a determination can properly be made of the claims in accordance with rule 22 of the Rules of Procedure.
• The total amount payable by the respondent to the claimant under this judgment is £6,120.00.
• The complaint in respect of holiday pay is well-founded. The respondent failed to pay the claimant in accordance with regulation 16 (1) of the Working Time Regulations 1998. The respondent shall pay the claimant £560. The claimant is responsible for paying any tax or National Insurance.
• The complaint of unauthorised deductions from wages is well-founded. The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the gross sum of £160.
• The hearing listed on 5 June 2025 is cancelled.
• The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £3,000.
• The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the gross sum of £2,400. This figure has been calculated using gross pay to reflect the likelihood that the claimant will have to pay tax on it as Post Employment Notice Pay.

Remedies

• The claimant was dismissed due to redundancy and is entitled to a redundancy payment of £3,000.
• The total amount payable by the respondent to the claimant under this judgment is £6,120.00.
• The respondent made an unauthorised deduction from the claimant's wages and is ordered to pay the gross sum of £160.
• The respondent failed to pay holiday pay as per regulations and must pay £560 to the claimant.
• The claimant was dismissed in breach of contract regarding notice, and the respondent is ordered to pay damages of £2,400 (calculated using gross pay).

Monetary Damages

Legal Principles

• Rule 22 of the Employment Tribunals Rules of Procedure 2024 was applied to determine the case due to the respondent's failure to submit a timely response.
• Regulation 16(1) of the Working Time Regulations 1998 was cited to establish the claimant's entitlement to holiday pay.

Cited Statute

• Judgments Act 1838
• Employment Tribunals Rules of Procedure 2024
• Working Time Regulations 1998

Judge Name

Passage Text

• The complaint of unauthorised deductions from wages is well-founded. The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the gross sum of £160.
• The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the gross sum of £2,400. This figure has been calculated using gross pay to reflect the likelihood that the claimant will have to pay tax on it as Post Employment Notice Pay.
• The respondent has failed to present a valid response on time to these claims and a determination can properly be made of the claims in accordance with rule 22 of the Rules of Procedure.