Mrs H Powley v Maple Green Fine Foods Ltd and Maple Green Developments Ltd: 1600128/2022
JUDGMENT
The claims against the Second Respondent of unfair dismissal, direct discrimination and unlawful deductions from wages are dismissed upon withdrawal. Employment Judge Povey 22 November 2022 Sent to the parties on 23 November 2022 For the Tribunal Office Mr N Roche Case No: 1600128/2022 EMPLOYMENT TRIBUNALS Claimant: Mrs H Powley Respondent: Maple Green Fine Foods Limited Heard at: Mold On: 3rd, 4th & 5th April 2023 (in person Days 1 & 2; Day 3 remotely via video) Before: Employment Judge Howden-Evans Ms Peel Mr Stephenson Representation Claimant: In person, supported by Mr Powley Respondent: Mr Ramsbottom, Employment Consultant JUDGMENT The tribunal’s unanimous decision is:[1]The Respondent has not contravened s39(2) and s13 Equality Act 2010. The Claimant has not been subjected to direct sex or age discrimination.[2]The Respondent has not contravened s99 Employment Rights Act 1996. The Respondent did not dismiss the Claimant because of reasons related to pregnancy or maternity.[3]The complaint of unlawful deductions from wages is well founded. The Claimant is owed £2,653.06 in respect of commission due under the terms of her contract. This sum should be paid to the Claimant gross and the Claimant will be responsible for any income tax or national insurance payable on this award[4]Interest will accrue at a rate of 8% per annum on any amount of this award that remains unpaid 14 days after the date of this judgment. (See Article 3 (1) Employment Tribunals (Interest) Order 1990).[5]The Employment Protection (Recoupment of Jobseekers Allowance & Income Support) Regulations 1996 do not apply to this award. Case No: 1600128/2022