Ms L Ferrell v N.P. Clubs Ltd: 1600115/2021
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The respondent has made an unauthorised deduction from the claimant's wages by failing to pay the national minimum wage and is ordered to pay the claimant the net sum of £4.88.[2]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the net sum of £1432.20, representing 11 week’s notice pay.[3]The respondent has breached the contract of employment by deducting employee pension contributions from the claimant and failing to pay it to the pension provider and is ordered to pay the claimant the net sum of £199.79.[4]The claimant was unfairly dismissed by reason of redundancy and is entitled to a redundancy payment of £1432.20.[5]The respondent is ordered to pay the claimant a compensatory award in the net sum of £2204.66 which is made up of the following: £1848.84 loss of earnings; £260.40 loss of statutory rights; £95.42 loss of pension.[6]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the net sum of £355.88. R21 Judgment February[7]The respondent was in breach of his duty to give a written statement of initial employment particulars and is ordered to pay the claimant £260.40 under s38 Employment Act 2002.[8]The Employment Protection (Recoupment of Benefit) Regulations 1996 apply to this award. The prescribed element is £1848.84. The prescribed period is 9 January 2021 to 1 February 2023. The total monetary award is £5890.01. The amount to be paid to the claimant, pending recoupment of benefit, is £4041.17.