Miss AR Miner v P Buckingham and Sampaul Ltd: 1400373/2020
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim of age discrimination is dismissed on its withdrawal by the claimant.[2]The respondents having failed to present responses to the claims; the claims detailed below succeed and the remedy to which the claimant is entitled will be determined at a Remedy Hearing with a time estimate of 2 hours, notice of which will be sent to the parties by separate letter: 2.1. The respondents made an unauthorised deduction from the claimant's wages; 2.2. The claimant was dismissed in breach of contract in respect of notice; 2.3. The claimant was unfairly dismissed; and 2.4. The respondents failed to provide the claimant with written particulars of employment. Employment Judge Midgley Date: 19 March 2021 Judgment sent to the parties: 25 March 2021 FOR THE TRIBUNAL OFFICE Note Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. Case Number: 1400373/2020 EMPLOYMENT TRIBUNALS Claimant: Miss A R Miner Respondent:(1) Mr Paul Buckingham(2) Sampaul Limited Heard at: Bristol (in public by CVP) On: 1 July 2021 Before: Employment Judge Midgley Appearances For the Claimant: Mr A Passman, Solicitor For the Respondent: Did not attend Unlawful deduction of wages £312.92 Wrongful dismissal £156.46[3]Unfair dismissal 3.1. Basic award Nil 3.2. Compensatory award £6,094.63 3.3. Loss of Stautory rights £150.00 S.207A TULR(C)A 1992[4]The respondent unreasonably failed to comply with the ACAS Code of Conduct in dismissing the claimant An uplift of 20% is applied: 4.1. Unlawful deduction of wages £62.58 4.2. Breach of contract notice pay £31.29 4.3. Unfair dismissal £1,248.93 Subtotal £8056.81[5]Failure to provide written particulars of employment An award of 4 weeks’ pay £625.84 Total £8,682.65