Mrs J Sutherland v Pat Black’s Caribbean Kitchen (Martineau Place) Ltd: 1300384/2020
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim succeeds in respect of the complaints of unfair dismissal, unpaid redundancy payment, notice pay, holiday pay, unpaid wages and unpaid annual and the remedy to which the claimant is entitled will be determined at a Remedy Hearing.[2]The complaint of ‘whistleblowing’ is dismissed upon withdrawal by the claimant in her email to the Tribunal of 24 February 2020.[3]The hearing listed on 27 and 28 August 2020 in the Birmingham Employment Tribunal is converted to a Remedy Hearing on 27 August 2020 at 9.45am with a hearing length of 1 day. Employment Judge Johnson 14 July 2020 Case No: 1300384/2020 1 EMPLOYMENT TRIBUNALS Claimant: Mrs J. Sutherland Respondent: Pat Black’s Caribbean Kitchen (Martineau Place) Ltd Heard at: Birmingham On: 27 August 2020 Before: Employment Judge V. Jones Representation Claimant: In person Respondent: No attendance CORRECTED JUDGMENT ON A REMEDY HEARING The respondent is ordered to pay the claimant the following:[1]Unfair dismissal A Basic award (calculated according to the formula in s119 Employment Rights Act 1996 (“ERA”)) 1.5 weeks x 8 x £507.50 (gross) £6,090.00 B Compensatory Award (s123 ERA)(i) Loss to date 21 February 2020 to 27 August 2020 (27 weeks) £11,008.71 @ £407.73 net(ii) Future loss nil(iii) loss of statutory rights £ 400.00(iv) sub total £11,408.71(v) Add 25% uplift for failure to follow ACAS £ 2,752.18 Code of Practice (s207A Trade Union and £ 2,852.18 Labour Relations (Consolidation) Act 1992) Total compensatory award £14,160.89 £14,260.89 Case No: 1300384/2020 2 TOTAL award for unfair dismissal (A + B) £25,169.60 £20,350.89[2]The Employment Protection (Recoupment of Benefits) Regulations 1996 apply to the award for unfair dismissal. The prescribed element is £11,008.71. The prescribed period is 21 February 2020 to 27 August 2020.[3]Unreasonable failure to provide written reasons for dismissal (ss92,93 ERA) 2 weeks pay @ 507.50 p.w. £1,015.00.[4]Pay in lieu of minimum period of notice (s86 ERA) The claimant was entitled to 8-weeks’ pay in lieu of notice by virtue of section 86 ERA (8 x £407.73 net) £ 3,261.84[5]Holiday Pay (ss 14 and 30 Working Time Regulations 1998) The Claimant is entitled to 2.2 weeks pay as compensation for annual leave accrued but untaken at termination of her employment (2.2 x £407.73 net) £ 897.00[6]Unlawful deductions from wages (ss13 and 24 ERA) The respondent failed to pay the claimant wages for the last week of her employment 1 week @ 407.73 (net) £ 407.73[7]Failure to provide written particulars of employment (ss 1, 4 ERA and s38 Employment Act 2002) 4 weeks pay (the “higher amount”) @ 507.50 p.w. £2,030.00[8]The total sum payable by the respondent to the claimant is £27,962.46. _____________________________________ Employment Judge V. Jones ______________________________________ Date 17.9.2020