Mrs A Shepherd v Abbey Care and Education Ltd: 1803638/2022

EMPLOYMENT TRIBUNALS

Case No 1803638/2022

Between

Mrs A ShepherdClaimant

Abbey Care and Education LtdRespondent

Before

Employment Judge Moxon

Ms Rumble (instructed by counsel) for claimant

Not represented for respondent

Date 4 January 2023

JUDGMENT

A. Unfair dismissal UPON the Claimant’s complaints of unfair dismissal brought under the Employments Rights Act 1996:

[1]The Claimant was automatically unfairly dismissed by the Respondent because of a relevant transfer contrary to regulation 7 of the Transfer of Undertakings (Protection of Employment) Regulations 2006.

[2]The Claimant was unfairly dismissed by the Respondent pursuant to the Employment Rights Act 1996. Remedy for unfair dismissal Basic award

[3]The Respondent shall pay to the Claimant a basic award of £4,759.65. Compensatory award

[4]The Respondent shall pay to the Claimant a compensatory award of £12,273.36, calculated as follows: Loss of net income before the Claimant obtained a new job on 14th November 2022: 34 weeks x £292.12 - £9,934.12 Loss of net income between the Claimant obtaining a new job and the date of hearing: 7 weeks x £102.18 (the difference in salary) - £715.26 Future net loss of income: 11 weeks from today x £102.18 - £1,123.98 Loss of statutory rights: £500.00

[5]The Employment Protection (Recoupment of Benefits) Regulations 1996 apply to this award. The grand total of the compensatory award is £12,273.36. The prescribed element is £10,649.38 The prescribed period is 23rd March 2022 to 4th January 2023. The excess of the grand total over the prescribed element is £1,623.98. B. Breach of contract

[6]The Respondent was in breach of contract by wrongfully dismissing the Claimant without notice in circumstances where she was entitled to ten weeks’ notice.

[7]The Respondent shall pay the Claimant the sum of £3,173.10 gross. C. Unauthorised deduction from wages

[8]The Respondent made an unauthorised deduction of wages by failing to pay the Claimant £193.93 for overtime worked.

[9]The Respondent made an unauthorised deduction of wages by failing to pay the Claimant £77.56 for 5.5 hours taken as holiday.

[10]The Respondent shall pay the Claimant the sum of £271.49 gross. D. Unpaid Holiday Pay

[11]The Respondent failed to pay the Claimant for 47.38 hours accrued but untaken holiday pay.

[12]The Respondent shall pay the Claimant the sum of £668.14 gross. E. Summary.

[13]The Respondent shall pay to the Claimant the sum of £10,516.36 (being the totals of ((A - £10,649.38) + B+ C+ D) on or before 19 January 2022.

[14]The balance of the amount due under A (being the prescribed elementthe recoupable benefits) shall be paid following service upon the respondent of the recoupment notice by the DWP.