Miss G Glasgow v Sandgrown Leisure Ltd: 2415089/2018

EMPLOYMENT TRIBUNALS

Case No 2415089/2018

Between

Miss G GlasgowClaimant

Sandgrown Leisure LtdRespondent

Before

Employment Judge Morris

In person for claimant

Date 17 June 2019

JUDGMENT

The judgment of the Employment Tribunal is as follows:

[1]The claimant’s complaint that, contrary to Regulation 14 of the Working Time Regulations 1998, the respondent did not pay to her the holiday pay that she was due, in that it calculated that holiday pay on the basis of £8.50 per hour rather than the correct sum of £9.00 per hour, is well-founded (as was conceded on behalf of the respondent) and the respondent is ordered to pay to the claimant in that respect the agreed sum of £3.67.

[2]The claimant’s complaint that the respondent made an unauthorised deduction from her pay contrary to section 13 of the Employment Rights Act 1996 in that it calculated certain of her pay again by reference to £8.50 per hour rather than £9.00 per hour, is well-founded (as was conceded on behalf of the respondent) and, in accordance with section 23 of that Act, the respondent is ordered to pay to the claimant the agreed sum of £21.00.

[3]The claimant’s complaint of wrongful dismissal, in that she maintained that the respondent was in breach of her contract of employment by terminating that contract without giving to her the notice of termination to which she was entitled, is not wellfounded as that termination was occasioned by her gross misconduct and is dismissed.

[4]The claimant’s complaint that her dismissal by the respondent was unfair (contrary to sections 94 and 98 of the Employment Rights Act 1996) is well-founded.

[5]In respect of the complaint of unfair dismissal the respondent is ordered to pay to the claimant compensation of £442.65 comprising as follows:(a) Basic award of £126.00;

(b) Compensatory award of £316.65.

[6]The total of each of the above sums that the respondent is ordered to pay to the claimant is therefore £467.32.

[7]The recoupment regulations do not apply to the award of compensation referred to above.