Miss J Baptiste v Alterations Matter Ltd: 2302738/2016
JUDGMENT
[1]The Claimant’s claim for unfair dismissal is well founded.[2]The Respondent shall pay the Claimant the sum of £638 calculated in accordance with the schedule herein.[3]The Respondent shall reimburse the Claimant in the sum of £1200 for the fees that she incurred bringing these proceedings.[4]The recoupment provisions do not apply to the award above as the Tribunal is satisfied that the Claimant was not in receipt of any relevant benefit and in any event the award does not relate to any loss of wages. Case Number: 2302738/2016 Schedule[1]The Tribunal make no basic award as the basic award has been extinguished by the payment of a statutory redundancy payment.[2]The Tribunal make no award for loss of wages as it found that, had the Claimant not been unfairly dismissed, she would have been fairly dismissed on the same date in any event.[3]The Tribunal makes an award of £350 in respect of the loss of statutory rights suffered by the Claimant.[4]The Tribunal makes an award under Section 38 of the Employment Act 2002 of 3 weeks gross pay in respect of the Respondent’s failure to provide a statement of basic terms and conditions that complied with Section 1 of the Employment Rights Act 1996. The Claimant’s gross pay was £96 pw. Accordingly the total awarded under this heading is £288.[5]Accordingly the sums payable by the Respondent to the Claimant are: 5.1. Basic Award: nil. 5.2. Compensatory Award: £350. 5.3. Award under Section 38: £288. 5.4. Fee Award: £1200. 5.5. Total payable £1838