Mrs J Preece v The British Red Cross Society: 1309551/2020
JUDGMENT
[1]The claimant was not dismissed unfairly or at all by the respondent. The claimant’s complaint of constructive unfair dismissal does not succeed and is dismissed.[2]The claimants complaint for wrongful dismissal in respect of notice pay does not succeed and is dismissed.[3]The respondent deducted from any outstanding salary and accrued and Case Number 1309551/2020 untaken holiday pay on termination of her employment the sums lawfully due to the respondent by the claimant. The respondent made no unlawful deduction from the claimant’s pay and the claim is dismissed.[4]The counterclaim made by the respondent succeeds. The claimant is ordered to pay to the respondent the sum of £ 4,637.56.[5]The respondent’s application for an order for costs to be made against the claimant in accordance with the provisions of Rule 76(1) of the Employment Tribunals (Constitution & Rules of Procedure) Regulation 2013 succeeds. The claimant is ordered to pay a contribution to the respondents cost limited to the sum of £2480.