Miss J Shipley v Cranmore Convenience PVT Ltd: 1300131/2024
EMPLOYMENT TRIBUNALS
Case No 1300131/2024
Between
Miss J ShipleyClaimantCranmore Convenience PVT LtdRespondent
Before
Employment Judge FitzgeraldIn person for claimantDate 17 January 2025
JUDGMENT
[1]The Respondent did not file a defence to the Claimant’s claim and therefore under Rule 22 of the Employment Tribunal Rules of Procedure they were not permitted to participate in the hearing. However under Rule 22 (3) the Judge accepted some documents and a video recording provided by the Respondent into evidence in the interests of justice and with no objection from the Claimant. Notice Pay[2]The Claimant’s claim for notice pay (wrongful dismissal) is successful. The Claimant was not given the 6 weeks’ notice that she is entitled to as her minimum statutory notice under the Employment Rights Act 1996. The Respondent must pay the Claimant the sum of £1,000.32.[3]This is calculated as £166.72 (Claimant’s weekly wage) x 6 = £1,000.32. Unlawful Deduction from Wages[4]The Claimant’s claim in respect of unlawful deduction of wages relating to the period 7 November 2023 until 30 November 2023 is successful. The Claimant’s employment continued during the period and she received no wages. This is a period of 3.3 weeks and the Respondent must pay the Claimant the sum of £550.18.[5]This is calculated as £166.72 (Claimant’s weekly wage) x 3.3 = £550.18.[6]The Claimant’s claim in respect of unlawful deduction of wages in relation to £600 paid to the Respondent fails and is dismissed. Holiday Pay[7]The Claimant’s claim of holiday pay is successful. At the time the Claimant’s employment ended she had 4.5 weeks’ accrued holiday and this was not paid to her. Therefore the Respondent must pay the Claimant the sum of £750.24.[8]This is calculated as £166.72 (Claimant’s weekly wage) x 4.5 = £750.24. Unfair Dismissal[9]The Claimant’s claim of unfair dismissal is successful. The Respondent must pay the Claimant (subject to the recoupment provisions below) the following:a. Basic Award - £1,500.48b. Compensatory Award - £8,669.44 Statement of Employment Particulars[10]When these proceedings commenced the Respondent was in breach of its duty to give the Claimant a written statement of particulars and an award of 2 weeks’ pay is made. The Respondent must pay the Claimant the sum of £333.44. Total Award and Recoupment[11]The total to be paid by the Respondent to the Claimant, subject to the recoupment provisions, is £12,804.10.[12]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 £12,804.10;b. the amount of the prescribed element is £8,669.44;c. the dates of the period to which the prescribed element is attributable are 11 January 2024 to 17 January 2025;d. the amount by which the monetary award exceeds the prescribed element is £4,134.66.