Miss M Gedzheva v MacH Recruitment Ltd: 1806837/2020
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 The claim succeeds and the remedy to which the claimant is entitled will be determined at a Remedy Hearing. Employment Judge Adkinson Date: 5 February 2021 Case No: 1806837/2020 10.7 Judgment with reasons – rule 62 March 2017 EMPLOYMENT TRIBUNALS Claimant: Mariya Gedzheva Respondent: MACH Recruitment Ltd Heard at: Nottingham On: 8 April 2021 Before: Employment Judge Flint Representation Claimant: In person Respondent: Not in attendance or represented JUDGMENT[1]The Tribunal orders the respondent to pay the following compensation to the claimant for unfair dismissal: a) Basic award of £1374.99; b) Compensatory award of £1315.86[2]The Tribunal orders the respondent to pay the claimant the sum of £1488.48 for dismissing the claimant without notice, being damages for breach of contract. Total award: £4179.33REASONS
[1]This claim arises out of the claimant’s dismissal on 31/8/2020.[2]The respondent failed to respond to the claim and the Tribunal gave judgment in default for the claimant on 5/2/2021.[3]The Tribunal fixed today’s hearing to determine the claimant’s remedy.[4]The claimant was a litigant in person and represented herself today. The respondent was not represented and did not appear. The claimant gave evidence to the Tribunal in person by affirmation. Case No: 1806837/2020 10.7 Judgment with reasons – rule 62 March 2017The Facts
[5]The claimant commenced employment with the respondent on 18/10/2016 on a temporary contract. On 1/9/2018 the claimant was appointed on a permanent contract in the role of On-site Coordinator. There was continuity of employment between the two contracts.[6]The claimant’s contract stipulated that the respondent “may end the employment contract by giving the required period of statutory written notice”. That period is four weeks.[7]During August 2020 the claimant took a period of leave. As this included air travel overseas, she was required to self-isolate upon her return to the UK in accordance with the Covid 19 emergency restrictions.[8]The claimant returned to the UK on 29/8/2020. On 30/8/2020 she requested that the respondent provide her with a laptop so that she could work from home for the self-isolation period. The respondent replied by email, notifying the claimant of her dismissal.[9]The effective date of termination of the employment was 31/8/2020.[10]The claimant’s gross weekly pay at the date of termination was £458.33. Her net weekly pay was £372.12.[11]The claimant commenced new employment on 29/9/2020. Her gross weekly pay is £426.83. Her net weekly pay is £355.69. This is a temporary contract.[12]The claimant is seeking permanent and better paid employment. She anticipates being successful in or after October 2021. The Award Calculation[13]The basic award of £1374.99 was calculated on the following information: The claimant was 32 years old on the effective date of termination, having been employed by the respondent for three full years with a finishing gross weekly wage of £458.33.[14]The compensatory award of £1315.86 was assessed as follows: a) Loss of earnings for period from 29/9/20 to 8/4/2021 (date of hearing) to reflect reduced income in new job - £455.11; b) Future loss of earnings from 9/4/2021 to 30/9/2021 reflecting the reduced income - £410.75; c) Loss of statutory rights - £450[15]The damages for breach of contract of £1488.48 were calculated on the claimant’s net weekly wage of £372.12 at the effective date of termination multiplied by the four weeks contractual notice entitlement.