Miss E Boinet v PLS vfx Ltd: 2200524/2025
JUDGMENT
[1]The claim for a statutory redundancy payment is dismissed upon withdrawal.[2]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages in the period from July to October 2024.[3]The respondent shall pay the claimant £17,800, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance.[4]The complaint of unfair dismissal is well-founded. The claimant was unfairly dismissed.[5]The respondent shall pay the claimant the following sums:a. A basic award of £5,250.b. A compensatory award of £38,615 (being the balance payable to the claimant after recoupment i.e. £52,000 less £13,385). In assessing the compensatory award, the Tribunal has excluded any loss already Case Number: 2200524/2025 compensated by the awards for unauthorised deductions from wages and holiday pay, so as to avoid any double recovery.[6]The Employment Protection (Recoupment of Benefits) Regulations 1996 apply:a. The total monetary award (i.e. the compensatory award of £52,000 plus basic award of £5,250) payable to the claimant for unfair dismissal is £57,250.b. The prescribed element is £13,385.c. The period of the prescribed element is from 26 November 2024 to 5 January 2026.d. The difference between (a) and (b) is £43,865. This is the sum payable to the claimant after recoupment.[7]The complaint in respect of holiday pay is well-founded. The respondent failed to pay the claimant in accordance with regulation 14(2) and/or 16(1) of the Working Time Regulations 1998. The respondent shall pay the claimant £1,800. The claimant is responsible for paying any tax or National Insurance. Approved by: