Mrs H Stokes v WH Investments Ltd T/a Victoria House Care Home: 2405260/2019
JUDGMENT
[1]The claimant was unfairly dismissed.[2]The respondent is ordered to pay the claimant a basic award of £344.25 and a compensatory award of £146.30.[3]Compensation was assessed on the following basis: 3.1. Had the respondent acted fairly, there is a 50% chance that the claimant would have been dismissed on 18 February 2019; 3.2. Had the respondent acted fairly, and the claimant had not been dismissed, the claimant would inevitably have been absent on sick leave until the termination of her employment; and 3.3. It is just and equitable to reduce the claimant’s basic and compensatory awards by 50% to reflect her contributory conduct.[4]The respondent failed to provide the claimant with an itemised pay statement for the pay she received on 5 March 2019.[5]The particulars included in the statement given to the claimant on 24 October 2019 are the particulars that should have been included in her itemised pay statement on 5 March 2019.[6]The tribunal refuses permission for the claimant to amend her claim to include a complaint of unlawful deduction from wages. 27 November 2019