Ms U Ikram v The Gloss Clinic: 2213440/2023
JUDGMENT
[1]The Claimant’s claim was not presented within the time period provided for by s23(2) of the Employment Rights Act 1996, but that it was not reasonably practicable for the Claimant to have presented it within that time limit and the claim was presented within such further time period as the Tribunal considers reasonable;[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 December 2022 to March 2023;[3]The Respondent shall pay the Claimant £2,546, which is the gross sum deducted. The Claimant is responsible for the payment of any tax or National Insurance;[4]The Respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015 and it is just and equitable to increase the compensatory award payable to the claimant by 20% in accordance with s 207A Trade Union & Labour Relations (Consolidation) Act 1992, the increase amounting to £509.20;[5]When the proceedings were begun the Respondent was in breach of its duty to provide the laimant with a written statement of employment particulars. There are no exceptional circumstances that make an award of an amount equal to two weeks’ gross pay unjust or inequitable. It is not just Case No: 2213440/2023 and equitable to make an award of an amount equal to four weeks’ gross pay. In accordance with section 38 Employment Act 2002 the Respondent shall therefore pay the Claimant £880;[6]The total amount payable by the Respondent to the Claimant is £3,935.20.