Miss E Amissah v The Grove Spa Ltd (in liquidation): 2301066/2015

EMPLOYMENT TRIBUNALS

Case No 2301066/2015

Between

Miss E AmissahClaimant

The Grove Spa Ltd (in liquidation)Respondent

Before

Employment Judge Baron

Date 6 January 2017

JUDGMENT

[1]The claims made under the provisions of the Equality Act 2010 are dismissed following a withdrawal of them by the Claimant;

[2]The Tribunal declares in accordance with section 24 of the Employment Rights Act 1996 that the complaint by the Claimant under section 23 of such Act that there has been an unlawful deduction from the wages properly payable is well founded and the Tribunal orders the Respondent to pay to the Claimant the sum of £4,513.60;

[3]The Claimant having brought a claim to the Tribunal under article 3 of the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 the Tribunal finds that the Respondent was in breach of contract in not giving the Claimant notice of the termination of the employment and orders the Respondent to pay to the Claimant the sum of £154;

[4]The Tribunal declares in accordance with regulation 30 of The Working Time Regulations 1998 that the complaint of the Claimant that the Respondent has failed to pay holiday pay due to the Claimant on the termination of the employment under regulation 14(2) of such Regulations is well founded and orders the Respondent to pay to the Claimant the sum of £772.24; Case No: 2301066/2015

[5]The Tribunal finds that the complaint by the Claimant under section 111 Employment Rights Act 1996 that the Claimant was unfairly dismissed is well founded. The Tribunal orders the Respondent to pay compensation to the Claimant in the sum of £4,945 being an award under section 123 of the 1996 Act. The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 do not apply to this award.

[6]That such awards be increased in accordance with section 207A of the Trade Union & Labour Relations (Consolidation) Act 1992 by 25% and the Tribunal orders the Respondent to pay the further sum of £2,596.21 to the Claimant.

[7]That the Claimant was not provided with a statutory statement of terms of employment and orders in accordance with section 38 Employment Act 2002 that the Respondent do pay to the Claimant the further sum of £1,456;

[8]The Tribunal orders in accordance with rule 76(4) that the Respondent do pay to the Claimant the Tribunal fee incurred by the Claimant in the sum of £30.