Miss J Fishwick v Catwalk Dogs St Helens Ltd: 2403093/2023
JUDGMENT
Employment Tribunal Rules of Procedure, Rule 21 The judgment of the Tribunal is as follows: Unfair dismissal claim[1]The complaint of unfair dismissal is well-founded and succeeds. The claimant was unfairly dismissed. The following awards are made.(a) A basic award of £3635.28. This is calculated on the basis of 11 years’ service multiplied by the age factor, her date of birth being 26 July 1990, at £330.48 gross per week pay.(b) A compensatory award of £771.25. This is calculated as follows: (i) 2 days’ lost pay at £58.50 net per day =£117 as per the schedule of loss provided on her behalf. The claimant was summarily dismissed on the 23rd of September 2022 and started alternative employment on the 28th of September 2022. (ii) £500 is awarded as compensation for the loss of the statutory right to bring an unfair dismissal claim. (iii) An uplift of 25% (£617 x 25% = £154.25) due to the respondent’s unreasonable failure to follow the ACAS Code of Practice. Wages claim[2]The complaint of unauthorised deductions from pay contrary to Part II Employment Rights Act 1996 is well-founded. The respondent made an unauthorised deduction from the claimant's pay in respect of the period 1 April 2022 until her dismissal on the 23rd of September 2022 by underpaying her £0.32 per hour below the applicable national minimum wage. This equated to £11.52 per week based on a 36-hour week for 25 weeks. The respondent is ordered to pay to the claimant the gross sum of £288.00. Payslips[3]The tribunal declares that the respondent failed throughout to give the claimant itemised pay statements as required by section 8 Employment Rights Act 1996. Breach of Contract.[4]The claim for notice pay is dismissed. The claimant’s legal representatives in the schedule of claim have not pursued a claim for breach of contract for failure to give notice, and this was not pursued at the hearing. Total Award[5]The total monies awarded are as follows: For unfair dismissal: £4406.53 Deductions from wages: £ 288.00 Total : £ 4694.53 Deputy Upper Tribunal Judge Farrelly 11 July 2023