Miss C Tranter v (1) Langford Clinic Ltd (2) Bramley Health Ltd: 2302876/2017
EMPLOYMENT TRIBUNALS
Case No 2302876/2017
Between
Miss C TranterClaimant(1) Langford Clinic Ltd (2) Bramley Health LtdRespondent
Before
Employment Judge TsamadosDate 18 January 2018
JUDGMENT
The Judgment of the Employment Tribunal is as follows:[1]The correct respondent is Langford Clinic Ltd, the first respondent. The claim against the second respondent is dismissed. Wages for notice period[2]The claimant suffered unauthorised deductions from her wages in respect of the period of 23rd June 2017 to 24th July 2017 (her notice of one month). I award compensation for the wages properly payable by the first respondent in the sum of £1269.23. This has been calculated as follows. Her daily rate of pay was arrived at by dividing her annual salary of £30,000 gross by 260 working days. She was entitled to 21 working days salary during her notice period. She was paid for 10 working days salary by the first respondent, leaving an outstanding entitlement to 11 working days. Training allowance[3]The Claimant did not suffer unauthorised deduction from wages or damages for breach of contract in respect of the monetary value of the training allowance as claimed. This complaint is dismissed. Case Number: 2302876/2017 Additional compensation – section 38 Employment Act 2002[4]The Claimant is entitled to two weeks’ gross pay as compensation in respect of the first Respondent’s failure to provide her with written particulars of employment pursuant to sections 1 and 4 of the Employment Rights Act 1996.[5]Whilst at the hearing I calculated this to be the sum of £1153.85 using the same methodology as above and representing her actual gross pay for 10 days, on my subsequent reconsideration of the decision, I realised that the amount of pay in this respect is in fact capped at the statutory figure £489 gross per week. I have therefore amended the award of compensation payable by the first respondent to the claimant to £978. Total award[6]The total award of compensation payable by the first Respondent is £2,247.23.