KW v DW: 2413471/2018
JUDGMENT
[1]The claimant’s claim that the respondent failed to pay to her holiday pay due on termination of her employment is dismissed upon the claimant’s withdrawal.[2]Unfair dismissal:2.1 The respondent dismissed the claimant unfairly for a reason related to conduct;2.2 It would be just and equitable to reduce the claimant’s Basic Award in accordance with the provisions of s.122 (2) Employment Rights Act 1996 (“the Act”) to nil;2.3 The claimant was at such risk of being fairly dismissed that any Compensatory Award ought to be reduced to two week’s net pay to reflect that risk and the time that it would have taken for a fair dismissal to have been effected;2.4 It would not be just and equitable to further reduce the claimant’s Compensatory Award in accordance with the provisions of s.123(6) of Case No.2413471/2018 the Act relying on the same reasons as for the reduction in the judgment at 2.3 above.2.5 The parties settled the claimant’s claim for remedy in the sum of £500 payable by the respondent to the claimant within 28 days of today’s judgment; the tribunal did not hear evidence on remedy and did not make an award; the recoupment provisions do not apply.[3]The claimant’s following claims fail and are dismissed;3.1 that the respondent made unauthorised deductions form her wages;3.2 that the respondent infringed her right to receive itemised pay statements.