Ms M German v Calon Lan Community Care Ltd: 1601281/2023
JUDGMENT
[1]The unanimous judgment of the Tribunal is: 1.1. The Claimant’s claims that the Respondent failed to provide itemised pay statements, and that she was dismissed for asserting the statutory right to receive itemised pay statements, are dismissed upon withdrawal by the Claimant. 1.2. It is declared that the Claimant was Unfairly Dismissed by the Respondent on 24th August 2023 for a reason related to conduct. 1.3. The Claimant’s following claims fail and are dismissed: 1.3.1. Automatic Unfair Dismissal – Public Interest Disclosure (“Whistleblowing”); 1.3.2. Automatic Unfair Dismissal – Assertion of a Statutory Right; 1.3.3. Unauthorised deduction from wages; Case Number: 1.3.4. Failure to pay holiday pay; 1.3.5. Breach of Contract in relation to Retainer Payments; 1.3.6. Breach of Contract – Notice of Termination; 1.3.7. Refusal of Rest Breaks; 1.3.8. Disability Discrimination (both discrimination arising from disability and failure to make reasonable adjustments).[2]By CONSENT, the hearing is adjourned to allow the parties to implement the agreed terms of settlement of the claim for a financial Award pursuant to the Unfair Dismissal judgment. Either party may apply to restore the case for further hearing in default. If no such application is received by 15th August 2024 the claim to such an Award shall be dismissed on deemed withdrawal.