Mrs E Williams v Barbara Rogers T/a Park Hills Nursing Home: 2404388/2016
JUDGMENT
[1]The complaint in respect of written reasons for dismissal under section 93 Employment Rights Act 1996 is dismissed on withdrawal by the claimant.[2]The complaint of unlawful deductions from pay in respect of holiday pay succeeds and the respondent is ordered to pay the claimant the gross sum of £273.87 unlawfully deducted from her pay.[3]The complaint of a breach of the right to be accompanied at a disciplinary hearing under section 11 of the Employment Relations Act 1999 succeeds and the respondent is ordered to pay the claimant two weeks’ pay in the sum of £958.00[4]The complaint of unfair dismissal is well founded. The claimant was unfairly dismissed. The respondent is ordered to pay the claimant a basic award of £3,772.12 (£5029.50 reduced by 20% under section 122(2) Employment Rights Act 1996) and a compensatory award of £872.61 calculated as follows: Lost earnings 29/9/16 to 12/10/16 2 weeks @ £481.74 £ 963.78 Loss of statutory rights £ 200.00 Total £1,163.48 Less 20% contributory fault section 123(6) £ 290.87 Total £ 872.61 Case No. 2404388/2016 2[5]The recoupment regulations apply to the unfair dismissal award. The prescribed period is 29 September 2016 to 12 October 2016. The prescribed amount is £963.78. The total monetary award for unfair dismissal is £4,664.73. The amount by which that monetary award exceeds the prescribed amount is £3,700.95.[6]The complaint of breach of contract in relation to notice pay succeeds and the respondent is ordered to pay the claimant damages equivalent to seven weeks’ net pay in the sum of £2,860.48.[7]The above awards are increased under Section 38 Employment Act 2002 by the minimum award of two weeks’ pay in the sum of £958.00 because the respondent was in breach of its duty to provide the claimant with a written statement of the particulars of employment required by section 1 Employment Rights Act 1996.[8]The respondent is ordered to reimburse the claimant the issue fee in the sum of £250.00 and, upon receipt of proof of payment, any hearing fee the claimant may yet be required to pay up to the maximum hearing fee of £950.00. Employment Judge Franey 23 February 2017REASONS
FOR THE SECRETARY OF THE TRIBUNALS