E Barnes v DDA Kent Ltd T/a The Sandgate Vaults and others: 2301270/2022 and 2302026/2023
JUDGMENT
The Claimant’s claims in respect of statutory sick pay and a failure to pay pension contributions on her behalf are dismissed following their withdrawal by the Claimant at the hearing on 17 April 2023. Her other claims continue. _____________________________ Employment Judge Evans Date: 17 April 2023 Case Number 2301270/2022 & 2302026/2023 Page 1 of 3 EMPLOYMENT TRIBUNALS Heard at: Croydon (by video) On: 12 June 2024 Claimant: Miss Barnes Respondent:(1) DDA Kent Limited t/a Sandgate Vaults(2) Mr Alan Neaves(3) Ms Diane Roberts Before: Employment Judge E Fowell Mr K Lannaman Mr S Sheath Representation: Claimant Mr Adrian Barnes of counsel Respondent Mr Alan Neaves JUDGMENT The unanimous decision of the Tribunal is as follows:[1]The claimant was (constructively) unfairly dismissed.[2]The claim of wrongful dismissal is dismissed on the basis that the claimant resigned without notice.[3]The claim of discrimination on grounds of pregnancy and maternity is upheld.[4]The claim of victimisation is dismissed on the basis that there was no protected act.[5]The claim for failure to pay the claimant her holiday pay is upheld as an unlawful deduction from wages. Case Number 2301270/2022 & 2302026/2023 Page 2 of 3[6]The respondent failed to provide the claimant with a written statement of her terms and particulars of employment.[7]The claimant is awarded the following sums against the first respondent:(a) holiday pay of £1,502(b) four weeks’ gross pay for the failure to provide a written statement of terms and conditions of employment £1,524(c) damages for unfair dismissal comprising:• a basic award of £572• a compensatory award of £2,354• amounting in total to £2,926[8]Hence, the total sum awarded against the first respondent is £5,952[9]The respondents are jointly and severally liable for the payment of damages for discrimination as follows:(a) damages for injury to feelings of £23,700(b) interest on non-financial loss of £4,353(c) interest on financial loss of £269[10]Hence, damages for discrimination of £28,332[11]The total amount payable by the respondents is £34,274