Miss G Harris v Nicem Ltd T/a The Financial Management Centre (in voluntary liquidation): 2414314/2021
JUDGMENT
[1]The claimant’s claim of constructive dismissal succeeds and the respondent is ordered to pay the claimant the following awards:a. Basic award: £4200.00b. Compensatory award: £9356.47[2]The claimant is owed for accrued but untaken holiday and therefore the respondent is ordered to pay the claimant the sum of £2135.00[3]The claim for breach of contract in relation to the failure to make pension contributions succeeds and the respondent is ordered to pay the claimant the sum of £3259.00 as damages for breach of contract.[4]The claimant was not provided with any written statement of employment particulars and in accordance s.38 Employment Act 2002, it is ordered that the respondent must pay the claimant two weeks’ pay in the sum of £700.00[5]The total sum payable by the respondent to the claimant is £19,650.47[6]Recoupment applies and in accordance with Regulation 4(3):a. The total monetary award is £19,650.47b. The amount of the prescribed element is £8,232.64c. The dates to which the prescribed element relates are 31st July 2021 – 29th January 2022.d. The amount by which the monetary award exceeds the prescribed element is £11,417.83