Miss Y Benjamin v Vivo Medical Services Ltd: 2401954/2024
JUDGMENT
[1]The claimant’s claim for unauthorised deduction from wages in relation to being unpaid for September and August 2023 and receiving no pay during her notice period to 9 November 2023 and for failure to pay those amounts at national minimum wage rate is well-founded and succeeds.[2]The claimant’s claim for unfair dismissal is well-founded and succeeds. Remedy Judgment Part 1 The respondent is ordered to pay £ 8214.00 to the claimant made up as follows: Unauthorised deductions at national minimum wage rate August 2023 Nine days worked at eight hours per day at national minimum wage of £10.42 £750 September 2023 nine days at eight hours per day at national minimum wage of £10.42 £ 750 unpaid wages properly payable during the notice period one week at full pay at nmw rate £166 five weeks at statutory sick pay rate £109.40 times five £ 547 the claimant did not claim this at full notice pay rate unfair dismissal A basic award 1x6×166.72 £1000 A compensatory award loss of earnings from 9 November 2023 to 16 May 2024 27 weeks at £166.72 nmw rate £ 4501 Loss of statutory rights £ 500 £ 8214 Remedy Judgment Part 2[3]The respondent did not attend or participate in the final hearing on 26 June 2025. The Tribunal has listed a second remedy hearing to consider awarding more compensatory award elements including: Loss of statutory maternity pay between 16 May 2023 and 3 July 2024 The first six weeks paid at 90% nmw rate 6 x £ 150 £ 900 The next six at the lower of the statuory rate or in this case 90% £ 900 Future loss of earnings The Tribunal has made a provisional finding that it would have taken the claimant one month from her planned return to work in July 2024 to find alternative employment £ 666 LESS[4]The Tribunal has not had evidence from the claimant as to benefits she received during her unemployment and maternity. It will need this evidence because recoupment provisions apply. That means the claimant has to tell the Tribunal what she received in benefits and the respondent will have to pay back to the state an amount equivalent to benefits received and pay the balance only of any part 2 award to the claimant.[5]At the next hearing the respondent may be heard on remedy points in Part 2 and the claimant will give evidence on benefits or other income received. A separate notice of hearing and case management order will be sent to the parties. Approved for promulgation by