Mrs R Kaur v Everydayz Ltd: 2401723/2020
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The respondent has made an unauthorised deduction from the claimant's wages.[2]The claimant was dismissed in breach of contract in respect of notice.[3]The claimant was dismissed unfairly for a having asserted a statutory right to receive national minimum wage.[4]The respondent has failed to provide a written reason for dismissal.[5]The claim succeeds and the remedy to which the claimant is entitled will be determined by a Judge on the papers alone, the respondent is given an opportunity to make written representations on remedy and to request a hearing on remedy. JUDGMENT on remedy The judgment of the Tribunal is that:[1]Following judgment on liability issued under Rule 21 of the Employment Tribunal Rules of Procedure 2013 and the respondent having been given notice of that judgment on 16 February 2021 and time in which to make any written representations it wished to make, and the respondent having made none:[2]The respondent is ordered to pay to the claimant £ 4693.47 made up as follows: unauthorised deductions from wages £ 2657.10 for an additional 6 hours per week worked above the 30 hours per week that were paid made up gross as follows: 17.12.18 to 1.4.19 is 15 weeks at £7.63 per hour = £ 686.70 1.4.19 to 10.1.20 is 40 weeks at £ 8.21 per hour = £ 1970.40 breach of contract notice pay one week’s net pay of = £ 235.23 Compensatory award for unfair dismissal for asserting a statutory right Net loss of earnings from 10.1.20 to new employment on 8.2.20 = £ 940.92 ACAS uplift on loss of earnings at 12.5% = £ 117.62 1 of 4 Award for loss of statutory rights The claimant is awarded £ 250.00 = £ 250.00 Failure to provide written reasons for dismissal 2 weeks gross pay = £ 492.60 Total £ 4693.47