Miss R Davies v North West Maintenance Solutions Ltd: 2400073/2020
JUDGMENT
[1]The employer’s contract claim is dismissed on withdrawal.[2]The Claimant’s claim for unfair dismissal pursuant to s.98 Employment Rights Act 1996 is dismissed for lack of jurisdiction. For the avoidance of doubt the Claimant’s claim for Unfair Dismissal pursuant to s.104 Employment Rights Act 1996 remains to be determined.[3]The time for presenting the Response is extended to the 11 August 2020 pursuant to Rule 20 Schedule 1 of the ET (Constitution & Rules of Procedure) Regs 2013.[1]The claimant’s claim that she was unfairly dismissed for asserting a statutory right contrary to section 104 of the Employment Rights Act 1996 succeeds.[2]The claimant's claim that the respondent unlawfully deducted wages in respect of underpayment of salary, failure to pay pension contributions, underpayment of overtime succeeds.[3]The claimant’s claim of breach of contract in respect of wrongful dismissal succeeds.[4]I award the claimant and ORDER the respondent to pay in respect of the above as follows: Section 104 1996 Act(a) compensatory award to date of hearing for the period 19 January to 30 April 2020 £465.50 (For the month of May – nothing, as the claimant worked seven days a week and earned the same or more as with the respondent.) June 2020 £1,466.66 3 July 2020 to 22 February 2021 (the date of the hearing) £200 per month ( being the difference in pay between her new job and that with the respondent) x 7 £1,400.00(b) Future loss 25 February 2021 for three months £600.00 Total £3932.16[5]In respect of the claimant’s unlawful deductions claim, as follows:(1) Underpayment of wages from 19 March 2019 to 31 December 2019 £503.61(2) For salary from 16 November to 15 December £1,466.66(3) For underpayment of overtime payment £230.00(4) For deductions in respect of pensions contributions which were not paid to the pension administrator £441.80 Total £2642.07[6]For wrongful dismissal I award the claimant and order the respondent to pay as follows: (1) One month’s notice pay (net) £1,466.66 Overall total £8040.89