Ms S Inker v City Linen Services UK Ltd In administration: 1303645/2018
JUDGMENT
[1]The claimant’s claim of unfair dismissal is well founded. The respondent is ordered to the claimant the sum of £22,486.50 by way of basic compensatory and awards.[2]The claimant’s claim of unlawful deduction from wages under S23 Employment Act 1996 is well founded. The respondent is ordered to pay the claimant the sum of £18,484.97 in respect of unpaid wages and commission.[3]The claimant’s claim for unpaid holiday pay is well founded. The respondent is ordered to pay the claimant the sum of £1660.02.[4]The claimant’s claim of breach of contract is well founded and the respondent is ordered to pay the claimant the sum of £1,824.80 by way of notice pay.[5]A breakdown of sums due is attached a Annex A.[6]The Employment Protection (Recoupment of Jobseekers Allowance & Income Support) Regulations 1996 apply. Signed by _________________ Employment Judge Richardson Signed on 9th June 2019 Judgment sent to Parties on _ 10.06.2019___________________ ANNEX A Ms S Inker v City Linen Services UK Limited in administration Basic award The claimant’s date of birth: 30/12/1957 Age at the date of termination: 60 Employed between 1st April 2013 and 25th July 2019 Number of years employed 5 years Gross weekly wage £519.23 Statutory maximum weekly wage £508 5 x 1 ½ x £508 = £3,810.00(a) (A) Compensatory award Prescribed element (loss of wages to date of assessment) Net average wage of £421 per week Date of dismissal 25th July 2018 Date of commencement of new employment 1st April 2019 34 weeks @ £421.00 net per week = £14,314.00 Increase under S124A ERA at 25% = £ 3,578.50 Prescribed element £17,892.50(b) (B) Compensatory award - Non prescribed element Loss of benefits (Car) - net £ 1,700.00 Loss of statutory industrial rights £ 350.00 £ 2050.00 Increase under S124A ERA @ 25% = £ 512.50 £2,562.00 S 38 Employment Act 2002 Schedule 5 4 weeks x £508 = £2,032.00 Total non prescribed element £4,594.00(c) (C) TOTAL COMPENSATOY AWARD (B+C) £22,486.50 ========= Unlawful deduction from wages under s23 Employment Rights Act 1996 unpaid commission (gross) 26.10.17 3456.97 26.11.17 1625.77 26.12.17 2118.09 26.01.18 2000.28 26.02.18 1129.00 26.3.18 596.21 £10,926.32 Net (less 1/3rd for tax and NIC £7211.37) £7,211.37 Unpaid salary – net per month 26.1.18 1824.80 26.2.18 1824.80 Less payment 500.00 26.3.18 1824.80 Less payment 500.00 26.4.18 1824.80 26.05.18 1824.80 Less payment 500.00 26.6.18 1824.00 27.7.18 1824.00 Total unlawful deduction from wages £11,273.60 Unpaid holiday pay under S30 Working Time Regulations 1998 18.2 days holiday @£91.21 net per day = £1,660.02 Notice pay - breach of contract Under Article 4 of Employment Tribunals (Extension Of Jurisdiction (E&W) Order 1994 1 – 31st August 2018 net £1,824.80 TOTAL MONETARY CLAIMS £21,969.79 ========== GRAND TOTAL OF AWARD £48,266.29 ========== RECOUPMENT – Employment Protection (Recoupment of Jobseekers Allowance & Income Support) Regulations 1996 (A) Total of Basic Award and Compensatory awards (A +B+C) £26,296.50 (B) Prescribed element £17,892.50 (C) Period of prescribed element from 25th July 2018 to 1st April 2019(d) (D) Excess of grand total over prescribed element £8,404.