Ms P Khan v Scrivens Ltd: 1300101/2021

EMPLOYMENT TRIBUNALS
Case No 1300101/2021
Ms P KhanClaimantScrivens LtdRespondent
Employment Judge FitzgeraldIn person for claimantMs Whelan (instructed by the Respondent) for respondentDate 8 April 2022

JUDGMENT

[1]The name of the Respondent is amended to Scrivens Limited.[2]The Claimant was unfairly dismissed by the Respondent.[3]The Respondent is ordered to pay the Claimant the sum of £4,825.86 net as a compensatory award subject to the recoupment provisions below. The Claimant is not entitled to a basic award as she has already been paid a statutory redundancy payment by the Respondent.[4]The Employment Protection (Recoupment of Benefits) Regulations 1996, SI 1996 No 2349, apply. In accordance with those Regulations:(a) the total monetary award made to the claimant is £4,825.86;(b) the amount of the prescribed element is £4,825.86;(c) the dates of the period to which the prescribed element is attributable are 3 September 2020 to 31 August 2021;(d) the amount by which the monetary award exceeds the prescribed element is zero.[5]The Respondent admitted the Claimant’s claims of holiday pay, unlawful deduction of wages and breach of contract in respect of failure to pay 10.2 Judgment - rule 61 February Case No: 1300101/2020 expenses. By consent the Respondent is also ordered to pay the Claimant:a. 10.5 days holiday in the sum of £484.58;b. One day’s pay for overtime in the sum of £46.15; andc. Expenses for mileage in the sum of £15.[6]The Respondent is entitled to deduct appropriate sums for tax and national insurance in respect of the payments for holiday pay and wages.