Ms F Lacey v Business Incubator C. I. C. and Mar-Pro Invest Holdings Ltd: 1800040/2018 and 1800041/2018
EMPLOYMENT TRIBUNALS
Case No 1800040/2018, 1800041/2018
Between
Ms F LaceyClaimantMr M Niedzwiedz, directorRespondent
Before
Employment Judge RostantMr A Mugliston (instructed by counsel) for claimantDate 1 August 2018
JUDGMENT
[1]I find that the claimant was dismissed by reason of redundancy by Mar-Pro Invest Holdings Limited (R1) and is entitled to a redundancy payment in the sum of £720.[2]I find that her dismissal was unfair and I order R(1) to pay compensation as follows: 2.1. Basic award £0 (reduced by redundancy payment, see 1 above). 2.2. Loss of statutory rights - £500.[3]The claim against R(1) under Regulation 10 of the Maternity and Parental Leave Regulations 1999 is withdrawn and is dismissed.[4]I find that R(1) has made an unauthorised deduction from the claimant’s wages by reason of a failure to pay her accrued holiday pay and is ordered to pay the claimant the sum of £624.[5]I find that R(1) has made an unauthorised deduction from the claimant’s wages by reason of the failure to pay her accrued holiday pay of 11.5 days and is ordered to pay the claimant the sum of £636.99. Case No: 1800040/2018 1800041/2018[6]I find that R(1) has breached the claimant’s contractual right to notice and is ordered to pay her the sum of two weeks wages at £276.93 per week, the total sum of £553.86.[7]The Recoupment Regulations do not apply to this Judgment.[8]I find that the claimant succeeds in her claims of discrimination under section 18 of the Equality Act 2010 and section 13 and 39 of the Equality Act 2010 (Race Discrimination) against Business Incubator C.i.c (the second respondent).[9]In respect of the above claims I award compensation as follows:- 9.1. Injury to feelings - £5,000. 9.2. Loss of earnings - £1,846.20.