Indie pharmacy to appeal order to pay employee £1.7k in ‘unpaid pay’

An employment judge has found that a pharmacy must pay an employee unpaid pay, holiday pay and notice pay – but the pharmacy plans to appeal, C+D has learned.

exclusive
Legal case in court
The pharmacy is “surprised that [its] side hasn’t even been heard"

A pharmacy has been ordered to pay almost £1,700 to a former employee after his claim was upheld by an employment tribunal - but it has told C+D it plans to appeal the decision “in the strongest terms”.

Court documents published last week (October 16) revealed Witterings Pharmacy in Chichester “failed to enter a response to the claim” by Mr M. Czwodzinski.

Read more: Boots pharmacist wins £60k payout over racial ‘harassment’ and unfair dismissal

Employment judge Smail found “the claimant’s claims to unauthorised deductions (unpaid pay), holiday pay and notice pay (SSP) are well-founded”.

He ordered Witterings Pharmacy to pay Czwodzinski £874 in “owed pay” and £776 in “notice pay”.

Read more: ‘Shocking’: Unpaid locum fees hit highest ever level this year

Judge Smail added that the pharmacy also owed him some £55.10 in holiday pay.

Court documents instructed Witterings to pay a “grand total” of £1695.10 “within 14 days” of the hearing, which was held last month (September 23).

Appeal “in the strongest terms”

But Witterings Pharmacy yesterday (October 20) told C+D that it has “not received the court documents to contest this matter”.

A spokesperson added that the pharmacy is “surprised that [its] side hasn’t even been heard”.

Read more: Tribunal: Boots pharmacist faced racial harassment and unfair dismissal

They confirmed that the claimant “left without working his notice” and had not made anyone “aware of any health issues” or produced a fit note.

The pharmacy said that it would be appealing the ruling “in the strongest terms”. 

Tribunal judgements

Last October, an employment tribunal upheld claims of “harassment related to race” brought forward by a Boots pharmacist and found that the multiple’s “grossly inadequate” investigation resulted in his unfair dismissal.

But in July, employment judge Massarella decided that both Boots and a pre-registration pharmacy technician who the pharmacist worked with are “jointly and severally liable” for “injury to feelings” and “aggravated damages” compensation.

Read more: PDA secures over £500,000 for pharmacists “treated badly”

The pair, after additional interest and costs, are responsible for amends totalling £43,736, the documents said.

Meanwhile, the tribunal ordered Boots alone to pay an additional £15,064.

It said it must compensate the pharmacist for his “successful unfair…dismissal claim” and “loss of statutory rights”.

Sign in or register for free

Kate Bowie

Read more by Kate Bowie

Kate Bowie joined C+D as a digital reporter in August 2023 after graduating from a master’s in journalism at City, University of London. She began covering the primary care beat at the end of 2022, when she carried out several health investigations focused on staffing issues, NHS funding and health inequalities.

Latest from Independents

New contract: NPA to ‘consult’ members on collective action

 
• By 
 • comment

The NPA has said that it will “consult” its members on whether collective action will go ahead from tomorrow following the government’s announcement of a £3 billion funding deal for 2025/26.

Who is the NPA’s new chief executive Henry Gregg?

 
• By 
 • comment

The National Pharmacy Association (NPA) has announced that Henry Gregg will join the organisation in May as its new chief executive – so what do we know about him so far?

BREAKING: NPA reveals new chief executive

 
• By 
 • comment

The National Pharmacy Association (NPA) has announced the appointment of its new chief executive, who will join the organisation in May.

More from News

Pharmacy First, contraception and BP ‘bundling’ delayed

 
• By 
 • comment1

Rules that would have required pharmacies to provide three services in order to qualify for a fixed monthly payment have been delayed by two months.

New Pharmacy First cash, bands and thresholds agreed

 
• By 
 • comment3

Changes to the Pharmacy First service are set to come into force from June, while increased fees will be paid from today, as part of the new pharmacy contract.