Ms D Jones v K Hetherington T/a SP Catering and S Porter T/a SP Catering: 2409413/2022
EMPLOYMENT TRIBUNALS
Case No 2409413/2022
Between
Ms D JonesClaimantK Hetherington T/a SP Catering and S Porter T/a SP CateringRespondent
Before
Employment Judge AinscoughIn person for claimantNot represented for respondentDate 13 May 2024
JUDGMENT
Employment Tribunals Rules of Procedure 2013, Rule 21 The respondent not having presented a response to the claim and on the information before the Judge,[1]The respondents are jointly and severally liable for the compensation payable to the claimant.[2]The claims for direct age discrimination, harassment related to age and harassment related to sex are successful.[3]The respondents are ordered to pay the claimant £15,000 as compensation for injury to feelings.[4]The respondents are ordered to pay the claimant £600 as compensation for unlawful reduction in hours because of direct age discrimination.[5]The respondents are ordered to pay the claimant £2116.01 in interest.[6]The claim for loss of statutory rights is successful.[7]The claim for a failure to provide written particulars of employment is successful.[8]The claim for unfair dismissal is successful.[9]The respondents are ordered to pay the claimant £720 in compensation for the basic award.[10]The respondents are ordered to pay the claimant £8320 in compensation for the compensatory award.[11]The claim for breach of contract is successful.[12]The respondents are ordered to pay the claimant £480 in compensation for the failure to pay the claimant notice pay.[13]The claim for holiday pay was successful.[14]The respondents are ordered to pay the claimant £734.40 in compensation for accrued but untaken annual leave on termination of employment.[15]The claim for unlawful deduction from wages was unsuccessful.
REASONS
[16]The Tribunal accepted that the claimant was entitled to compensation for injury to feelings within the middle band as set out in the case of Vento v Chief Constable of West Yorkshire Police (2002) EWCA Civ 1871, which at the time the claimant submitted her claim on 23 November 2022 was £9900 - £29,600.[17]The Tribunal determined that the claimant was paid £10 per hour and worked 16 hours per week prior to the relevant transfer.[18]The Tribunal determined that the claimant worked for the respondents for 3 complete years from 1 May 2019 until 27 October 2022.[19]The Tribunal determined that the respondents treated the claimant less favourably by reducing her hours in August 2022 by 3 hours per week for a period of 4 weeks, in September 2022 by 3 hours per week for a period of 4 weeks and in October 2022 by 9 hours per week for a period of 4 weeks.[20]The Tribunal determined that the claimant was entitled to interest on the injury to feelings award from the first act of discrimination on 20 July 2022 until the date of this hearing at the daily rate of 8%.[21]The Tribunal determined that the claimant was entitled to interest on the financial loss caused by unlawful direct discrimination from the mid point date between 20 July 2022 to the date of this hearing at the daily rate of 8%.[22]The Tribunal determined that the claimant was entitled to notice pay in accordance with section 86 of the Employment Rights Act 1996 of one week for each complete year of service which equated to £480 from 27 October 2022 until 20 November 2022.[23]The Tribunal determined that the claimant was entitled to compensation of £250 for loss of statutory rights.[24]The Tribunal determined that the claimant was entitled to 4 weeks pay which equated to £640 as compensation for the respondents’ failure to provide her with written particulars of employment.[25]The Tribunal determined that the claimant was entitled to five weeks actual loss of wages from 20 November 2022 until 23 December 2022 which equates to £800.[26]The Tribunal determined that the claimant obtained new employment on 23 December 2022 from which she receives wages of £90 per week.[27]The Tribunal determined that the claimant was entitled to 68 weeks actual loss of wages from 23 December 2022 to the date of this hearing which equates to £4760.[28]The Tribunal determined that the claimant should be capable of obtaining employment at the same weekly rate of pay that she received when employed by the respondents by no later than 27 October 2024.[29]The Tribunal determined that the claimant is therefore entitled to 28 weeks future loss of earnings from 11 April 2024 until 27 October 2024 which equates to £1960.[30]The Tribunal determined that the total compensatory award prior to adjustment is £7770.[31]The Tribunal determined that the claimant is entitled to a 25% uplift of this amount as a result of the respondents’ complete failure to follow the ACAS Code of Practice about disciplinary procedures which equates to £1942.50.[32]The compensatory award, inclusive of the awards for the claimant’s actual and future losses, loss of statutory rights, failure to provide written particulars of employment and interest equates to £10,352.52.[33]The statutory cap for the compensatory award in accordance with section 124 of the Employment Rights Act 1996 is limited to 12 months gross pay. The claimant is therefore entitled to a compensatory award of £8320.[34]The Tribunal determined that the claimant’s holiday year ran from January to December.[35]In accordance with Regulation 13 of the Working Time Regulations 1998 the claimant was entitled to 5.6 weeks annual leave.[36]The Tribunal has determined that the by the date of the claimant’s dismissal, 82% of the leave year had expired.[37]The claimant did not take any annual leave prior to the termination of her employment and had therefore accrued 4.59 weeks annual leave.[38]The claimant was therefore entitled to payment of £734.72 of accrued but untaken annual leave on termination of employment.