Ms MJ Stephens v Payswell Ltd: 2414720/2019
JUDGMENT
[1]The respondent has made an unauthorised deduction from the claimant’s wages and is ordered to pay the claimant the gross sum of £2,205.24.[2]The respondent has breached the claimant’s contract of employment (in not reimbursing the claimant for expenses) and the respondent is ordered to pay damages to the claimant in the sum of £58.20.[3]The respondent has failed to pay the claimant the sum due for accrued but untaken annual leave as provided by regulation 14 of the Working Time Regulations 1998 and is ordered to pay the claimant the sum of £1,371.04.[4]The respondent was in breach of its duty to provide the employee with a statement of employment particulars, and the respondent must pay the claimant the sum of £1,855.48 (being an amount equal to four weeks pay).[5]The claimant was unfairly dismissed by the respondent, as the principal reason for her dismissal was that she asserted a statutory right (being that there had been an unlawful deduction from her wages), as provided by section 104 of the Employment Rights Act 1996.[6]The respondent failed to follow the ACAS code of practice on discipline and grievance procedures when dismissing the claimant, and the Tribunal finds that it is just and equitable to increase the compensatory award for unfair dismissal by 25%.[7]The respondent is ordered to pay the claimant a compensatory award for unfair dismissal (which has been uplifted by 25%) of £17,203.50.[8]The sums shall be paid to the claimant within 14 days of the date of this Judgment.