Miss S Finn v Mr J Brierton T/a Andrew’s Dry Cleaners: 2408072/2021
JUDGMENT
[1]The Claimant’s application to strike out the Respondent’s defence due to the Respondent’s failure to comply with case management orders fails.[2]The Claimant’s claim for unfair constructive dismissal succeeds.[3]The Claimant’s claim for unlawful deduction of wages for arrears of pay and holiday pay are dismissed having been withdrawn as they were settled by the parties prior to the hearing.[4]Remedy will be decided at a hearing for two hours listed for 01 July 2022 at 10am via remote cloud video platform. Case No. 2408072/2021 REMEDY JUDGMENT The judgment of the Tribunal is that:[1]Subject to (2) and (3) the Respondent should pay to the Claimant compensation for unfair constructive dismissal of £8,936.00 comprising of a basic award of £2,898.00 (10.5 x gross weekly wage of £276) and compensatory award of £6,038.00 (immediate loss of earnings of 10 x net weekly wage £256, loss of earnings difference in temporary job of 17 x £184 net and loss of statutory rights of £350).[2]For the purposes of regulation 4 of the Employment Protection (Recoupment of Benefits) Regulations 1996:(a) The Prescribed Element is £3,849.00;(b) The Prescribed Period is: 17 April 2021 to 01 July 2022;(c) The total monetary award is: £8,936.00;(d) The excess of the total monetary award over the Prescribed Element is: £5,087.00[3]Payment of the Prescribed Element in the sum of £3,849.00 shall be stayed until the Secretary of State has served on the Respondent a recoupment notice in respect of Universal Credit received by the Claimant or has notified the Respondent that it does not intend to serve such notice.