Miss B Naughton v Mrs M Nwoji: 2405506/2021
JUDGMENT
[1]The claimant was unfairly dismissed by the respondent.[2]There is no Basic Award as the claimant has received a redundancy payment.[3]The respondent must pay the claimant a Compensatory Award of £1,004.00 which is comprised of the following amounts:3.1 Loss of earnings (three weeks): £392.403.2 Loss of statutory rights: £350.003.3 An additional amount of two weeks’ pay under s.38 Employment Act 2020 (for payment in respect of a failure to provide a statement of particulars of employment): £261.60[4]The claimant’s claim of unauthorised deductions from wages succeeds in part. The respondent must pay the claimant the sum of £292.76, reflecting the outstanding amount of underpayment during the period from the commencement of lockdown to the claimant’s dismissal.[5]The claimant’s claim for payment in respect of accrued untaken annual leave succeeds. The respondent must pay the claimant the sum of £261.60, being 10 days’ holiday on the basis of 3-hour days.[6]The claimant’s claim of disability discrimination was withdrawn at the outset of the hearing and is dismissed upon withdrawal.[7]The claimant’s remaining claims, including in respect of notice pay and redundancy pay, do not succeed and are dismissed.[8]The total amount payable by the respondent to the claimant is therefore £1,558.36.[9]The Employment Protection (Recoupment of Benefits) Regulations 1996 do not apply.