Ms S Steel v M Mills T/a Elegance Hair and Beauty: 1402651/2021
JUDGMENT
[1]The Claimant’s claim in respect of unfair dismissal was not presented within the time limit provided by s111(2)(a) of the Employment Rights Act 1996;[2]The Tribunal being satisfied that it was not reasonably practicable for the Claimant’s claim in respect of unfair dismissal to be presented before the end of the period prescribed by s111(2)(a) of the Employment Rights Act 1996, the Claimant’s claim for unfair dismissal was presented within a reasonable time period. Employment Judge Hughes Date 12 July 2022[1]The Judgment of the tribunal is that the Claimant was unfairly dismissed, for which the Respondent shall pay to the Claimant the sum of £1,285.76 which comprises of:a. Basic Award: £656.00.b. Compensatory Award £629.76. That being the loss for a period of three weeks, at a weekly wage of £262.40 gross. The award being calculated on the gross basis to reflect the Claimant’s loss, as she had not utilized all of her tax free allowance for the relevant tax year.c. No ACAS uplift awarded.[2]The Respondent shall pay the claimant the further sum of £1,353.98 being the net sum owed for accrued but unpaid holiday pay. That sum having been calculated as follows: Claimant’s holiday entitlement as per her contract: 36 days per year. Claimant’s holiday entitlement accrued for the year to her dismissal: 33 days Days leave taken in the holiday year: 3 Days already paid for in the holiday year: 1. Days therefore accrued but unpaid: 29 The Claimant’s daily pay: 8hours x £8.20 = £65.60. Daily pay (£65.60) x days owed (29) = £1,902.40. Less £209.92 paid by the Respondent in March 2021 for untaken leave = £1,692.48. Less 20% to represent tax at the basic rate (the basic award for unfair dismissal having utilised the Claimant’s remaining tax free allowance) = sum owing £1,353.98. 1402651/2021