Miss M Slupecka-Grabarz -v- Olag Trans Ltd: 1300178/2021

EMPLOYMENT TRIBUNALS

Case No 1300178/2021

Between

Miss M Slupecka-GrabarzClaimant

Olag Trans LtdRespondent

Before

Employment Judge Perry

Date 21 January 2022

JUDGMENT

A liability Judgment was promulgated on 10 September 2021 by Employment Judge [Jennifer] Jones with remedy to be determined at a later date (today). Having heard from the claimant I have determined as follows.

[1]The respondent made an unlawful deduction from the claimant’s wages pursuant to Part II of the Employment Rights Act 1996. The respondent is ordered to pay £844.00 gross to the claimant in relation to her July and August 2020 pay.

[2]The claimant was dismissed in breach of contract on 5 August 2020. The respondent is ordered to pay £549.00 gross as damages to the claimant representing her statutory notice entitlement of 3 weeks (5 August to 26 August 2020).

[3]The claimant’s unfairly dismissal complaint is well founded. She was dismissed by the respondent on 5 August 2020.

[4]The respondent was in breach of its duty to the claimant pursuant to section 1(1) and/or 4(1) of the Employment Rights Act 1996. The respondent is ordered to pay an additional 4 weeks pay to the claimant pursuant to Section 38 of the Employment Act 2002.

[5]The respondent is ordered to pay to the claimant the sum of £19,086.00 (calculated as follows) as compensation for unfair dismissal. Basic Award (Age 43 at dismissal, 3 complete years, £732.00 multiplier: 4, £183 gross per week) Compensatory Award Prescribed element – loss of wages (26 August 2020 £12,629.00 to 21 January 2022, 73 weeks at £173 net per week) Non Prescribed element Future loss of wages (21 January 2022 to 26 £5,363.00 August 2022, 31 weeks at £173 net per week) Loss of statutory rights £350.00 Failure to provide s.1/4 statement ERA 1996 & £732.00 s.38 EA 2002 (4 weeks) Total £19,806.00

[6]The Employment Protection (Recoupment of Jobseekers Allowance & Income Support) Regulations 1996 do apply. The monetary award is £19,806.00. The amount of the prescribed element is £12,629.00. The period to which the monetary award is attributable is 26 August 2020 to 21 January 2022. The amount by which the monetary award exceeds the prescribed element is £7,177.00. Signed electronically by me