Ms GV Roberts v Mr M Sasmaz T/a Aran Fish & Chips Shop and Sangur Ltd: 1600969/2018
JUDGMENT
[1]The claimant was employed by R1 from June 2017 until her summary dismissal on 28th March 2018, following a TUPE transfer of her contract of employment from Coedmor Foods Ltd such that her continuous employment commenced on 19th September 2016;[2]R2 was dissolved on 9th April 2019 and was not the claimant’s employer in any event. Whilst R2 is officially dismissed from these proceedings, technically it is no longer a legal entity in any event.[3]Unfair Dismissal:3.1 The claimant was unfairly dismissed by R1 for asserting the statutory rights to receive a written statement of employment particulars, itemised pay statements and not to suffer unauthorised deductions from her wages (and is therefore entitled to protection against unfair dismissal notwithstanding that she was employed for less than two years).3.2 R1 shall pay to the claimant the following sums in relation to her unfair dismissal:3.2.1 Basic Award: £540.00 Case No.: 1600969/2018 23.2.2 Compensatory Award: 3.2.2.1 Losses to date:3.2.3 ACAS uplift 25% £ 865.503.2.4 Total £4,327.50 subject to payment of tax/NIC3.2.5 Recoupment does not apply.3.2.2.1.1 4 weeks’ X £360 £1,440.003.2.2.1.2 26 weeks’ X £57 £1,482.00 (representing a pay differential of £57 per week 25.04.18 – 24.10.18).3.2.2.1.3 Sub-total subject to payment of tax/NIC £3,462.00[4]Wrongful Dismissal:4.1 R1 breached the claimant’s contract by dismissing her without notice.4.2 R1 shall pay the claimant £360.00 (one week’s wages) in damages, subject to payment of tax/NIC.[5]Unauthorised deductions from wages:5.1 R1 made unauthorised deductions from the claimant’s wages in the sum of £3,833.64;5.2 R1 shall pay to the claimant £3,833.64 in respect of those deductions, subject to payment of tax/NIC.[6]Failure to provide statement of employment particulars:6.1 R1 failed to provide the claimant with such a statement despite her repeated requests.6.2 R1 shall pay to the claimant £1,440 in respect of this claim, being 4 week’s wages.[7]Failure to provide itemised pay statements:7.1 R1 failed to provide itemised pay statements to the claimant despite her repeated requests; Case No.: 1600969/2018 37.2 There is no evidence of any deductions for tax and National Insurance Contributions having been made and in view of the judgment at paragraph 5 above no further award is made in relation to this claim.[8]Summary: In consequence of the above R1 shall pay to the claimant £9,961.14 subject to deductions in respect of tax and NIC as appropriate. Employment Judge T.V. Ryan Date: 14.01.20