Miss B Czerwinska v Fitzroy Lodge Care Home: 1402111/2022
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The respondent has made an unauthorised deduction from the claimant's wages.[2]The claimant was dismissed by reason of redundancy.[3]The respondent has failed to pay the claimant’s holiday entitlement. The claim of unfair dismissal succeeds.[5]The remedy to which the claimant is entitled will be determined at a Remedy Hearing. Employment Judge Dawson _____________________________ Date: 01 September 2022[1]By consent, the name of the respondent on the case record is amended to “Fitzroy Lodge Care Home (a firm)”.[2]The claim for a statutory redundancy payment is dismissed upon withdrawal by the claimant[3]The claim for unfair dismissal succeeds. The claimant was constructively dismissed by the respondent and the respondent has not shown that there was a potentially fair reason for the dismissal.[4]The respondent made a series of unauthorised deductions from wages by failing to pay the claimant’s wages for the period from 4 January 2022 to 19 April 2022 (apart from payment for 29 hours of cleaning work performed by the claimant between 28 February and 4 March 2022).[5]A remedies hearing will be listed for the determination of all issues relating to remedy.