Miss J B Campagnoni v I Beruckaite T/a Irma’s Household Cleaning Services: 2202428/2025
JUDGMENT
On hearing from the Claimant and with no attendance from the Respondent: Jurisdiction[1]The Claimant’s claims for unfair dismissal and unpaid wages were brought within the statutory time limits. These were the only pleaded claims before the Tribunal.[2]The Respondent presented no ET3, did not attend the hearing, was properly served with the Claim and was therefore not entitled to take part in the hearing. The Respondent did not attempt to attend.[3]The Claimant had two years’ continuous service working for the Respondent.[4]The Claimant was employed by the Respondent as an employee. Liability[5]The Claimant’s effective date of termination was 7 November 2024.[6]The Claimant’s claim of unfair dismissal is well founded and succeeds.[7]The Claimant’s claims for unlawful deduction of wages are well founded and succeed. Remedy Unfair dismissal[8]The Claimant is entitled to a basic award of £1,092.00 (2 weeks pay for two complete years’ service at £546.00 per week with a multiplier of 1.0).[9]The Claimant is entitled to a compensatory award of one months’ full pay and 12 months loss as mitigated by the claimant at 50%, making a total of £16,562.00 gross.[10]The Respondent undertook no dismissal procedure and therefore the compensation payment to the claimant is uplifted by 25% for an unreasonable breach of the ACAS Code of Practice making the uplifted compensation payment £20,702.50[11]The total award for unfair dismissal is therefore £21,794.50 Unpaid wages[12]The Claimant was subjected to a series of unlawful deductions from wages earned in September – November 2024.[13]The Claimant was owed 394 hours at the gross hourly rate of pay of £13.00 making £5,122.00[14]The Claimant grieved about the unpaid wages but got no response. The wages deducted are therefore uplifted by 25% for an unreasonable breach of the ACAS code of Practice making the wage payment £6,402.50[15]The total award for deducted wages is therefore £6,402.50 Total judgment payment due[16]£28,197.00 gross Tax[17]Both the unpaid wages compensation and the amount of the compensatory award before it was uplifted are taxable in the usual way.[18]If the Respondent pays the Judgment they must pay the amount of £21,684.00 subject to the usual deductions of PAYE through the normal payroll.[19]If the Respondent pays the gross amount without deductions of PAYE, the Claimant should account to HMRC for the correct amount of income tax etc. Declarations[20]It is therefore declared that the Claimant was unfairly dismissed.[21]It is also declared that the Claimant was the subject of a series of unlawful deductions from her wages. Judgment approved by: