Miss B Azariah v Beardsells Ltd: 2402114/2021
JUDGMENT
The part of the response relating to fairness of dismissal is struck out.REASONS
[1]The respondent was ordered to pay a deposit of ££1000 following a preliminary hearing held on 31 January 2022. The order was sent to the respondent on 09/02/22. The respondent has failed to pay this deposit. The respondent’s part of the response relating to fairness of dismissal is therefore struck out under rule 39(4) of the Employment Tribunals Rules of Procedure 2013. Employment Judge Leach Date: 30 March 2022[1]The claimant was unfairly dismissed. The respondent is ordered to pay compensation to the claimant of £7,263 in respect of the basic award and £30,000 compensatory award, the total therefore is £37,263.[2]The claimant’s claim for breach of contract for notice pay succeeds and the respondent is ordered to pay the outstanding three weeks and 1 day salary amounting to £1,525.68[3]The respondent made an unauthorised deduction from wages by failing to pay the claimant in lieu of accrued but untaken holiday and the respondent is ordered to pay the claimant £4,203.42.[5]The respondent failed to provide the claimant with an itemised pay statement as required by section 8 of the Employment Rights Act 1996.[6]The respondent failed to provide the claimant with a written statement of employment particulars contrary to section 1 Employment Rights Act 1996. A sum of 4 week’s pay amounting to £2,152 is awarded as part of the compensation payment set out above in paragraph 1. These figures differ slightly from those in the oral judgment because the statutory cap applies to loss of statutory rights and to an uplift under section 38 Employment Act 2002. Case No. 2402114/2021