Ms O Hrabia v MDM Trans Ltd and Mr Kamil Gajewski: 2401530/2017
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claimant’s following claims against the first respondent are well-founded and succeed:1.1 She was unfairly dismissed by the first respondent (R1) contrary to s.99 (3) (a) Employment Rights Act 1996 (ERA).1.2 She was unfairly dismissed by R1 contrary to the right expressed in s.94 (1) ERA .1.3 R1 treated her unfavourably because she was seeking to exercise or had exercised or sought to so exercise the right to maternity leave.1.4 R1 failed to provide her with written employment particulars.1.5 R1 breached her contract with regard to notice of termination.1.6 R1 made unauthorised deductions form her wages.1.7 R1 failed to pay to her holiday pay due to her.[2]The claimant’s claim that the second respondent (R2) treated her unfavourably because she was seeking to exercise or had exercised or sought to so exercise the right to maternity leave is well-founded and succeeds.[3]The claims succeed and the remedy to which the claimant is entitled will be determined at a Remedy Hearing to be held at Liverpool on 9th May 2017 at 10:00 a.m. in place of the listed preliminary hearing, with a time estimate of one hour. Case No:2401530/2017 Employment Judge T.V. Ryan Date: 10.04.17[1]As compensation for unfair dismissal the first respondent is ordered to pay the claimant a basic award of £700.00 and a compensatory award of £2,039.00.[2]The first respondent is ordered to pay the claimant’s wages for the period 1 to 24 October 2016. The amount payable to the claimant after deductions for tax and national insurance is £900.00.[3]The first respondent is ordered to pay the claimant’s holiday pay. The amount payable to the claimant after deductions for tax and national insurance is £2,023.73.[4]The tribunal makes an additional award of two weeks’ pay under section 38 of the Employment Act 2002 and the first respondent is accordingly ordered to pay the claimant the sum of £700.00. Case No. 2401530/2017 2[5]The first and second respondents are jointly ordered to pay the claimant the sum of £6,824.00 (inclusive of interest) as compensation for discrimination because of maternity.[6]The claimant’s request for an adjustment to her award of compensation under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 is refused.[7]No separate award of damages is made for breach of contract.[8]Paragraphs (3) to (7) of Regulation 4 of the Employment Protection (Recoupment etc) Regulations 1996 do not apply. 9 May 2017