E Szmaglik v Midway Social Club Ltd: 1404765/2021
JUDGMENT
Having heard evidence from the Claimant and having read her schedule of loss, it is the judgment of the tribunal that:[1]The Claimant’s claim that:(a) she was unfairly dismissed is well-founded and accordingly succeeds;(b) she is entitled to a redundancy payment succeeds;(c) contrary to Section 13 of the Employment Rights Act 1996 the Respondent has made unlawful deductions from the wages of the claimant succeeds;(d) she was wrongfully dismissed succeeds;(e) she was not provided with a written statement of terms and conditions of employment succeeds.[2]The Respondent shall pay to the Claimant the following amounts: Unlawful Deduction from Wages[3]The Respondent has made the following unlawful deduction from the Claimant’s wages:(a) Shortfall in wages from 17th September to 30th September 2021: £359.96(b) Non-payment of wages from 1st October 2021 until dismissal on 29th October 2021: £899.92(c) Payment for accrued but untaken holiday pay: £1,830.65 10.7 Judgment with reasons – rule 62 1 Case Number: 1404765/2021[4]It is just and equitable in the circumstances for the above to be uplifted by 25% owing to the Respondents’ unreasonable failure to follow the ACAS Code of practice on Disciplinary and Grievance Procedures: £772.63[5]Total Unlawful deduction from Wages: £3,863.16 Redundancy Payment[6]The Respondent do pay the Claimant a redundancy payment in the sum of £1,349.88. Wrongful Dismissal[7]The Claimant was entitled to 6 weeks’ notice at £225.98 per week: £1,349.88 for the period from 30th October 2021 until 4th December 2021. Unfair Dismissal[8]The Respondent do pay the Claimant a Compensatory Award of £5,670.90 for the period 5th December 2021 to 11th February 2023 consisting of(a) Losses to date of hearing consisting of lost pay and pension contributions, loss of statutory rights (£450): £2,913.54(b) Future losses from date of hearing to 11th February 2023, for lost pay and pension contributions: £903.24[9]It is just and equitable in the circumstances for the above to be uplifted by 25% owing to the Respondents’ unreasonable failure to follow the ACAS Code of practice on Disciplinary an Grievance Procedures: £954.20[10]Total Compensatory award: £4,770.98[11]The Recoupment Regulations do not apply to this award. Failure to Provide a written Statement of Terms and Conditions of Employment[12]The award shall be four weeks’ pay at £224.98 per week: £899.92