Ms Bedford v Tesco Stores Ltd: 1300619/2018
JUDGMENT
JUDGMENT The judgment of the tribunal is that the claimant’s claim of constructive unfair dismissal succeeds. A remedy hearing will take place on 15 and 16 October 2019, see the separate order. Employment Judge Harding 26 April 2019 Case Number: 1300619/18 Note: written reasons will not be provided unless requested at the Hearing itself or in writing within 14 days of the sending of the written record of the decision, Rule 62(3). EMPLOYMENT TRIBUNALS BETWEEN Claimant Respondent Ms Bedford Tesco Stores Ltd AND JUDGMENT OF THE EMPLOYMENT TRIBUNAL HELD AT Birmingham ON 15 – 16 October 2019 EMPLOYMENT JUDGE Harding Representation For the Claimant: Mrs Bedford (claimant’s mother) For the Respondent: Mr Gorasia, Counsel JUDGMENT The respondent is ordered to reinstate the claimant on the terms set out below.[1]The respondent is ordered to pay to the claimant arrears of wages in the sum of £7, 292.18 (agreed figure).[2]The Recoupment Regulations do not apply.[3]The respondent is ordered to pay to the claimant further amounts as follows;3.1 The sum of £187.58 (agreed figure) in respect of unpaid bonus payments. Case Number: 1300619/18 Note: written reasons will not be provided unless requested at the Hearing itself or in writing within 14 days of the sending of the written record of the decision, Rule 62(3).3.2 The sum of £67.03 (agreed figure) in respect of the loss of opportunity to purchase shares in the respondent and benefit from any increase in their value.3.3 The sum of £648 (£60 weekly shop, 10% discount over 104 weeks) in respect of savings that would have been available to the claimant through use of the store discount card.3.4 The sum of £1, 848.48 (agreed figure) in respect of loss of the opportunity to earn overtime.[4]The claimant is to be reinstated into her role as a Dotcom picker on the same terms, rights and privileges as applied before her dismissal. For the avoidance of doubt this shall include working part-time 8 hours a week on Tuesdays 6 - 10AM and Saturdays 6 – 10AM, preservation of the claimant’s pension rights as if she had not been dismissed and preservation of her continuity of employment from 6 July 2007 together with any other terms and conditions as set out in the document signed by the claimant on 13 August 2016.[5]This order for reinstatement shall be complied with by no later than 1 November 2019. Signed by: Employment Judge Harding Signed on: 16 October 2019 Case Number: 1300619.18 EMPLOYMENT TRIBUNALS BETWEEN Claimant Respondent Ms Bedford Tesco Stores Ltd CONSENT JUDGMENT Employment Tribunals Rules of Procedure 2013 – Rule 64 By consent the respondent is ordered to pay to the claimant compensation in the sum of £10, 559.49 (basic award agreed figure of £579.22, compensatory award agreed figure of £6809.83, additional award under section 117 of the ERA agreed figure of £3170.44). Case No:1300619.19 Employment Judge Harding Dated: 20 August 2020