Miss L Shaw v ST Realisations 2018 Ltd (formerly School Trends Ltd) (in administration): 1800621/2019
JUDGMENT
[1]The claimant’s complaint under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 of a failure by the respondent to comply with the requirements of section 188 of the 1992 Act is well founded. The Tribunal orders the respondent by way of protective award under section 189(3) of the 1992 Act to pay to the claimant remuneration for the period of 90 days beginning on 21 December 2018. The Recoupment Regulations apply.[2]The respondent made an unlawful deduction from the claimant’s wages by deducting from her wages paid both in November 2018 and December 2018 the sum of £33.40 by way of employee pension contributions and failing to pay that on to the pension provider. Further, the respondent was in breach of contract in failing to pay to the pension provider the sum of £25.05 both in November 2018 and December 2018 by way of employer’s pension contribution. The respondent shall pay to the claimant the sum of £116.90 by way of remedy.[3]The award payable pursuant to paragraph 1 shall be paid on or before 5 November 2019. The award payable pursuant to paragraph 2 shall be paid on or before 17 January 2020.[4]Upon the claimant’s claim for the loss of the value of her shares under the Employee Share Scheme maintained by the respondent, the claimant shall on or before 19 November 2019 write to the Employment Tribunal to indicate whether that complaint is withdrawn or (if it is maintained) the basis upon which it is pursued and how the claimant quantifies it together with supporting Case Number: 1800621/2019 2 documentation. Should the claimant take no action pursuant to this direction then this aspect of the claimant’s claim shall be deemed to have been withdrawn and shall stand dismissed without further Order on 20 November 2019.