Mr R Espina v Rockstar Leisure Ltd T/a Sakana Pan Asian Restaurant: 2402832/2017
JUDGMENT
[1]The correct name of the respondent is Rockstar Leisure Limited trading as Sakana Pan Asian Restaurant.[2]The claim of failure to pay outstanding holiday pay on the termination of employment is dismissed upon withdrawal.[3]The hearing is adjourned to take place on 20 November 2017 commencing at 9.45 am for 10.00am or as soon thereafter as the case can be heard[1]the claimant’s claim of unauthorised deductions from wages is well founded. The respondent is ordered to pay to the claimant the sum of £850.00 net in respect of deductions for uniform cleaning;[2]the claimant’s claim of unfair dismissal is well founded;[3]the tribunal considered that the claimant’s conduct was such that it is just and equitable to reduce the amount of the basic award by 50%; Case Number 2402832/2017[4]the tribunal considered that the dismissal was contributed to by the actions of the claimant such that it is just and equitable to reduce the amount of the compensatory award by 50%;[5]the tribunal considered that the amount of the compensatory award shall be further reduced by 50% on a just and equitable basis to reflect the likelihood that the claimant would still have been dismissed had a proper procedure been followed; and[6]the issue of the amount of any remedy for unfair dismissal is adjourned to 10am on 27 March 2018.[1]the respondent is ordered to pay to the claimant a total of £3,239.22 as compensation for unfair dismissal, which comprises of a basic award of £605.76 and a compensatory award of £2,633.46; and[2]the Employment Protection (Recoupment of Benefits) Regulations 1996 apply to the prescribed element as follows:(a) Total monetary award: £3,239.22(b) Prescribed element: £2,233.46(c) Period to which (b) relates: 31 March 2017 to 17 February 2018(d) Excess of (a) over (b) £1,005.76