Ms S Wareing v SteamCardiff Ltd and Bristol Meadery Company Ltd: 1600791/2022
JUDGMENT
The complaint of disability discrimination is dismissed following a withdrawal by the claimant. The claim against the Second Respondent, Bristol Meadery Company Ltd, is dismissed following a withdrawal by the claimant. The claimant’s remaining claims of wrongful dismissal and notice pay against the First Respondent, SteamCardiff Limited, will proceed to hearing on 11 April 2023. Case No: 1600791/2022 EMPLOYMENT TRIBUNALS Claimant: Ms. Suzanne Wareing Respondent: SteamCardiff Limited Heard at: Wales ET On: 11th April 2023 Before: Employment Judge J Bromige Representation Claimant: In Person Respondent: Mr Hanley (Director) RULE 21 JUDGMENT MADE PURSUANT TO RULE 21 OF THE EMPLOYMENT TRIBUNALS RULES OF PROCEDURE 2013[1]The Claimant’s claims for automatic unfair dismissal under ss.101A, 104 and 104D are not well-founded and are dismissed.[2]The Claimant presented her claims for harassment on the grounds of age and direct age discrimination out of time, and so the Tribunal does not have jurisdiction to hear those claims.[3]The Respondent failed to pay the Claimant her accrued but untaken holiday pay pursuant to Regulation 14 of the Working Time Regulations 1998. The Claimant was employed between 15th October 2021 – 17th May 2022 and had accrued 14.5 days of holiday which were untaken. The Claimant’s daily rate (net) was £92.53. The Claimant is therefore owed £1,341.80 (net).[4]The Respondent further failed to pay the Claimant for her period of notice, in breach of her contract, namely 1 week’s pay. This totals £576.92 (gross).[5]The Respondent further failed to provide the Claimant with written particulars of employment as required by s.1 ERA 1996. As per s.35 EA 2002 and Schedule 5 of the same Act, the Employment Tribunal makes an award of two weeks’ pay for the same. Such pay is limited by s.227 ERA 1996 to £571.00 per week, and therefore the Claimant is awarded £1142.00.[6]The Tribunal makes a declaration that the Respondent failed to provide the Claimant with a pay statement as required by s.8 ERA 1996. The Tribunal makes no order under s.12(4) ERA 1996 for the Respondent to pay the Claimant any sum for this failure.[7]The total amount of the award is £3,060.72. The recoupment provisions do not apply. The sums for holiday pay are awarded net of tax and breach of contract is awarded gross of tax. The Claimant is responsible for any income tax or employee national insurance contributions which may become due. I can confirm that this is my judgment in the case numbered above and I have signed the judgment by electronic signature