Ms A Akhtar v D Morgan and Deborah Morgan Publican Ltd: 1803756/2020
JUDGMENT
The response is struck out.REASONS
[1]By a letter dated 22nd December 20202 the Tribunal gave the Respondent an opportunity to make representations or to request a hearing, as to why the response should not be struck out because: The Respondent had not complied with the Order of the Tribunal dated 17th September 2020 It has not been actively pursued.[2]The Respondent has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing. The response is therefore struck out.[3]The Respondent will be entitled to notice of any hearings and decisions of the Tribunal but will only be entitled to participate in any hearing to the extent permitted by the Employment Judge. Employment Judge D N Jones Date: 27 January 2021[5]below is payable by the second respondent to the claimant forthwith. 4. However in respect of the award for maternity/pregnancy discrimination by way of injury to feelings, that award which I have assessed at £10,000 plus interest of £694.23, is payable jointly and severally by both respondents. Under the Employment Tribunal (Interest on Discrimination Awards) (Amendment) Order 2013 the interest rate is 8% per annum. Interest is awarded from the date of the discriminatory act (6 April 2020) to the day of the hearing, 17 February 2021. That is a period of 317 days. The daily interest rate is £2.19 and accordingly the award of interest is £694.23. 5. In respect of the other complaints the awards made are as follows: 5.1. Unauthorised deduction from wages – statutory maternity pay - £4454.60 5.2. Unauthorised deduction from wages – shortfall because correct National Minimum Wage rate not paid £621.30. 5.3. In respect of unfair dismissal the claimant is awarded a basic award in the amount of £332.10 and a compensatory award of £9156 (comprising £8856 for future loss of earnings and £300 for loss of statutory rights.) 5.4. Wrongful dismissal – damages awarded of two weeks’ net pay to reflect notice pay entitlement - £420. 5.5. Holiday pay in respect of accrued but untaken holiday for the holiday year which commenced in August 2019 and ended when the claimant was dismissed on 6 April 2020 – 18 days at £32 per day - £576. 5.6. Compensation for failure to provide written reasons for dismissal – two weeks’ pay - £442.80. 5.7. Additional award pursuant to Employment Act 2002, section 38 for failure to provide written statement of terms and conditions of employment – a higher award of four weeks - £885.60.Summary
[6]Accordingly the total award which is payable solely by the second respondent is £16888.40. In addition the award in respect of maternity discrimination, £10694.23, including interest, is payable by the respondents jointly and severally. Case No: 1803756/2020(V) 3[7]The Recoupment Regulations do not apply.