Miss C Rushworth v Williams & Co (Corporate) Ltd: 2401606/2022
JUDGMENT
[1]The claimant’s claim of constructive unfair dismissal is unfounded and is dismissed.[2]The respondent did not breach an express or implied term of the claimant’s contract of employment; therefore the respondent did not repudiate the claimant’s contract of employment or behave in such a way that was capable of repudiating that contract.[3]The respondent’s conduct did not destroy or seriously harm the relationship of trust and confidence between employer and employee. The claimant resigned and was not dismissed.[4]The respondent made an unlawful deduction from the claimant’s wages by recovering apprenticeship training costs from the claimant to the total sum of £1,472.25. The respondent was not permitted to make such a deduction. The respondent is ordered to pay the claimant the sum of £1472.25. Case No. 2401606/2022[5]The claimant’s claim that the respondent deducted £3,626.37 from her wages by failing to compensate her for out of hours study time is unfounded and is dismissed. Judge Cowx 7 January 2023REASONS
[1]This was a final hearing conducted remotely by CVP on 3 January 2023. The claimant did not object to the case being heard remotely. On 10 August 2022 Employment Judge Shotter ruled that the respondent’s response to claim was served out of time and refused an application by the respondent for an extension of the time limit so that a response might be served. As a result, the respondent was only permitted to participate in the final hearing to the extent allowed by the judge presiding over the hearing.[2]At the hearing before me, Mrs Jane Straw, an employee of the respondent made an oral application to be allowed to participate in the proceedings as a party to it in that she wished to be allowed to give evidence and make Case No. 2401606/2022 2 submissions on behalf of the respondent. No reasons were provided to me that would alter the situation that was before