Ms E Z Marquez v Dublcheck Cleaning Services Ltd and AD Super Ltd: 2304415/2023
JUDGMENT
It is the Judgment of the Tribunal that the Claimant’s complaint of “other payments” is dismissed upon withdrawal. EJ Burge 30 September 2024 Case Number: 2304415/2023 1 of 2 EMPLOYMENT TRIBUNALS Claimant: Ms E Zamora Marquez Respondents: Dublcheck Cleaning Services Ltd(1) AD Super Ltd(2) Heard at: London South Employment Tribunal by video On: 30 September 2024 Before: Employment Judge Burge Appearances For the Claimant: Mr T Phillips, representative, Cleaners and Allied Independent Workers Union For the Respondent: Mr W Askale, owner of AD Super Ltd JUDGMENT Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim was issued in the Employment Tribunals on 20 November 2023. The First Respondent (Dublcheck Cleaning Services Ltd) has failed to present a valid response on time.[2]The Judgment of the Tribunal is that the Claimant’s complaints of unfair dismissal, unlawful deductions from wages and holiday pay are successful against the First Respondent.[3]Remedy will be decided at a final hearing on 8 and 9 May 2025. Case Number: 2304415/2023 2 of 2 EJ Burge 30 September 2024 CASE No: 2304415/2023 EMPLOYMENT TRIBUNALS Claimant: Emilia Del Carmen Zamora Marquez Respondent: Dublcheck Cleaning Services Ltd Heard: by CVP in London South On: 08.05.2025 Before: Employment Judge Codd Appearances For the Claimant: Ms McGill (Cleaners and Allied Independent Workers Union) For the Respondent: Not in attendance[1]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages in the period 01.03.23 and 04.05.23.[2]The respondent shall pay the claimant £935, which is the gross sum deducted. The claimant is responsible for the payment of any tax or National Insurance. Notice Pay CASE No: 2304415/2023[3]The respondent breached the claimant’s contract of employment, by failing to pay her notice pay.[4]The respondent shall pay the claimant £880 as damages for breach of contract. This figure has been calculated using gross pay to reflect the likelihood that the claimant will have to pay tax on it as Post Employment Notice Pay. Holiday Pay[5]The complaint in respect of holiday pay is well-founded. The respondent made an unauthorised deduction from the claimant's wages by failing to pay the claimant for holidays accrued but not taken on the date the claimant’s employment ended.[6]The respondent shall pay the claimant £592.92. The claimant is responsible for paying any tax or National Insurance. Unfair Dismissal[7]The complaint of unfair dismissal is well-founded. The claimant was unfairly dismissed on 04.05.23.[8]The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015 and it is just and equitable to increase the basic and compensatory award payable to the claimant by 25% in accordance with s 207A Trade Union & Labour Relations (Consolidation) Act 1992.[9]The respondent shall pay the claimant the following sums:(a) A basic award of £1650.(b) A compensatory award of £3000.