Miss C Smith v Acafe Sandwich Bar Ltd: 1301743/2022
JUDGMENT
The Claimant’s claim for unfair dismissal is well-founded and succeeds. The Claimant’s claim for unpaid holiday pay for January – November 2021 succeeds. The Claimant claim for breach of contract in respect of four-weeks’ notice pay succeeds. The Respondent’s counter-claim for recovery of a loan of £500 succeeds. The Respondent’s counter-claim in respect of a microwave is dismissed. The name and identity of the Respondent is amended to Acafe Sandwich Bar Limited. The Respondent is ordered to pay the Claimant the following sums:[1]Basic award for unfair dismissal: 2 x £500 = £1,000[2]Breach of contract (four weeks’ notice): £410.42 x 4 = £1.641.68 plus 25% uplift for failure to follow ACAS Code of Practice (£410.42) = £2,052.10 minus £500 Respondent’s counter-claim = £1,552.10[3]Compensatory award for unfair dismissal (past losses) of £12,604.34 (the Prescribed Element) for the period 28 December 2021 to 4 November 2022 (the Prescribed Period) made up of the following elements:a. 28 December 2021 – 28 February (9 weeks @ £410.42 per week) = £3,693.78b. 1 March 2022 – 13 August 2022 (24 weeks @ £266.49 being the difference between the Claimant’s new net weekly rate of pay and her weekly net rate of pay with the Respondent) = £6,395.76 Case No: 1301743/2022c. 26 August 2022 – 4 November 2022 (10 weeks @ £251.48 being the difference between the Claimant’s new net weekly rate of pay and her weekly net rate of pay with the Respondent) = £2,514.80[4]Loss of statutory rights = £500[5]Compensatory award for unfair dismissal (future losses) 10 weeks@ £251.48 per week = £2,514.80[6]Adjustments to total compensatory award Uplift of 25% for failure to follow the ACAS Code of Practice (£15,619.14 as set out at 3,4 and 5 above) = £3,904.76[7]Holiday pay (in respect of 25.66 days holiday for 2021) in the gross sum (subject to deductions for income tax and national insurance) of £2,566.66 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 (in this Judgment) is £24,642.66;(b) the amount of the Prescribed Element is £12,604.34;(c) the dates of the period to which the prescribed element is attributable are 28 December 2021 to 4 November 2022.