Mr E Kopti v Beautifully Made Foundation CIC: 2301843/2023
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim was issued in the London South Employment Tribunals on 22 April 2023. The respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made of the claim, or part of it, in accordance with rule 21 of the Rules of Procedure.[2]The respondent has made unauthorised deductions from the claimant’s wages and must pay the claimant £7,204.19 gross.[3]The claimant was dismissed in breach of contract in respect of notice and the respondent must pay damages to the claimant of £981.48. This has been calculated using the statutory notice period of 4 weeks as the claimant was employed by the respondent for a period of 4 years and 7 months.[4]The respondent has failed to pay the claimant’s holiday entitlement and must pay the claimant £64.32.[5]The respondent must pay the claimant £8,249.87 in total.[6]The balance of £7,914.96 is immediately payable to the claimant. This is because the remaining £334.91 is defined as the proscribed element as set out in the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996. The proscribed period being the 4 week notice period in which the claimant states he was in receipt of £334.91 as a Universal Credit payment. This remaining £334.91 is payable to claimant on the provision that the DWP does not serve a recoupment notice on the respondent.[7]The hearing listed on 13 November 2023 is cancelled. _____________________________ Employment Judge Wright Date: 12 July 2023 2301843/2023 EMPLOYMENT TRIBUNALS Claimant: Mr E Kopti Respondent: Beautifully Made Foundation CIC CERTIFICATE OF CORRECTION Employment Tribunals Rules of Procedure 2013 Under Rule 69, the judgment sent to the parties on 3rd October 2023 is corrected as set out in block type at paragraphs 6 of the corrected judgment. _____________________________ Employment Judge Wright _____________________________ Date: 02 February 2024 Important note to parties: Any dates for asking for written reasons, applying for reconsideration or appealing against the judgment are not changed by this certificate of correction and corrected judgment. These time limits still run from the date the original judgment or reasons were sent, as explained in the letter that sent the original judgment. Case Number: 2301843/2023 EMPLOYMENT TRIBUNALS Claimant: Mr E Kopti Respondent: Beautifully Made Foundation CIC[1]The claim was issued in the London South Employment Tribunals on 22 April 2023. The respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made of the claim, or part of it, in accordance with rule 21 of the Rules of Procedure.[2]The respondent has made unauthorised deductions from the claimant’s wages and must pay the claimant £7,204.19 gross.[3]The claimant was dismissed in breach of contract in respect of notice and the respondent must pay damages to the claimant of £981.48. This has been calculated using the statutory notice period of 4 weeks as the claimant was employed by the respondent for a period of 4 years and 7 months.[4]The respondent has failed to pay the claimant’s holiday entitlement and must pay the claimant £64.32.[5]The respondent must pay the claimant £8,249.87 in total.[6]The balance of £7,914.96 is immediately payable to the claimant. This is because the remaining £334.91 is defined as the proscribed element as set out in the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996. The proscribed period being the 4 week notice period from 20th March 2023 to 17th April 2023 in which the claimant states he was in receipt of £334.91 as a Universal Credit payment. This remaining £334.91 is payable to claimant on the provision that the DWP does not serve a recoupment notice on the respondent.[7]The hearing listed on 13 November 2023 is cancelled.