Miss A Zduniak v B & S Pointon Ltd: 1308104/2022
JUDGMENT
[1]The claimant was constructively unfairly dismissed and her claim succeeds and the respondent is ordered to pay the claimant compensation for unfair dismissal set out below. The Recoupment Provisions apply as set out in the annex to this judgment.[2]The respondent failed to pay holiday pay due as at the termination date and the claimant is entitled to be paid the sum of £177.08 gross of tax.[3]The respondent failed to provide a written statement of employment particulars to the claimant. Under s38 of the Employment Act 2002, it is just and equitable to award the claimant compensation payable by the respondent in the sum of 4 weeks’ pay totalling £1,520.00.[4]The compensation awarded for unfair dismissal is as follows: Basic award 11 weeks’ pay at £380 £4,180.00 Compensatory award A) Prescribed element of the award for the prescribed period from 30/04/22 to 20/03/23(i) Full loss of earnings from 30/04/22 to 30 January 2023 39.2 weeks at £334.06 net £13,095.15(ii) Partial loss of earnings from 31/01/23 to 20/03/2023 Case No: 1308104/ 2022 6.6 weeks at £203.26 net £1,341.52 Total of prescribed element £14,436.67 B) Other past loss Loss of statutory rights £500.00 C) Future loss Partial loss of earnings for 13 weeks 13 weeks at £203.26 net £2,642.38 Total of A), B) and C) £17,579.05 The statutory cap does not apply as the award is less than 52 weeks’ gross pay. The total awarded for unfair dismissal is £21,759.05[5]Recoupment Provisions The total monetary award is £23,456.13. The total by which the monetary award exceeds the prescribed element is £9,019.46.