Mrs J Quinn v The Yorkshire Deli & Pizza Bar Ltd: 1806607/2020

EMPLOYMENT TRIBUNALS

Case No 1806607/2020

Between

Mrs J QuinnClaimant

The Yorkshire Deli & Pizza Bar LtdRespondent

Before

Employment Judge Cronin

Mrs Y Goouge (instructed by lay representative) for claimant

Mr Christian Lawlor for respondent

Date 15 March 2021

JUDGMENT

[1]The Claimant’s claim for unfair dismissal under s98 of the Employment Rights Act 1996 (the “ERA”) is well founded and succeeds. The Respondent is ordered to pay to the Claimant:a. a basic award of £400; and

b. a compensatory award of £279.05. The Tribunal deducted monies previously advanced by the Respondent to the Claimant and decided that a 50% reduction in the compensatory award shall be made under the principles in Polkey v A E Dayton Service Limited

[1988] ICR 142

[2]The recoupment provisions do not apply to the unfair dismissal award.

[3]The Claimant is awarded 2 weeks’ pay under Section 38 of the Employment Act 2002, because she received no initial statement of particulars of employment from the Respondent (as required under s1 of the ERA). The Respondent is ordered to pay the sum of £400. Case No: 1806607/2020 (V)

[4]The Tribunal declares that the respondent has made unauthorised deductions from wages under s13 of the ERA in respect of the claimant’s accrued holiday pay on termination of employment. The respondent is ordered to pay the claimant the sum of £317.00 (gross).