Mrs LJ Hall v IESKA Sport Centre Ltd: 1400461/2020
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 The claim succeeds and the remedy to which the claimant is entitled will be determined at a Remedy Hearing, notice of which will be sent to parties in due course. Employment Judge Rayner Date: 6 April 2020 Judgment sent to parties: 9 April 2020 FOR THE TRIBUNAL OFFICE Case No: 1400461/2020 (V) EMPLOYMENT TRIBUNALS Claimant: Mrs L J Hall Respondent: IESKA Sport Centre Limited Heard at: Bristol Employment Tribunal On: 4 September 2020 Before: Employment Judge J Bax Representation Claimant: Mr I Soulsby (solicitor Respondent: Did not attend JUDGMENT[1]The claim for holiday pay under the Working Time Regulations 1998 is dismissed upon the Claimant’s withdrawal.[2]The claim that the Respondent unlawfully deducted wages is well founded.[3]The Respondent wrongfully dismissed the Claimant and her claim for notice pay succeeds. The Respondent unfairly dismissed the Claimant.[5]The Respondent unlawfully discriminated against the Claimant on the grounds of her age.[6]The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 do not apply in this case. Case No: 1400461/2020 (V) REMEDY[1]The Respondent is ordered to pay the Claimant the gross sum of £522.63 in respect of her claim of unlawful deduction from wages.[2]The Respondent is ordered to pay the Claimant the sum of £1,956.32, net, in respect of her claim for notice pay.[3]The Respondent is ordered to pay the Claimant £12,955.53 in respect of her claim of unfair dismissal.[4]The Respondent is ordered to pay the Claimant the sum of £5,500 for injury to feelings in respect of her claim of age discrimination. The Claimant’s award for unfair dismissal is broken down as follows: Basic Award: £3,228.72 Compensatory Award Loss of earnings from 27 January 2020 (end of the notice period, for which credit was given) until 4 September 2020 £7,106.83 Loss of employer’s pension contribution from 27 January 2020 until 4 September 2020 £175.12 Loss of statutory rights £500 Uplift for failing to follow the ACAS Code of Practice on Disciplinary And Grievance Procedures 2015 assessed at 25% £1,945.36 Total £12,955.53