Mrs L Lewicki v Daisy Chain Day Care Nurseries Ltd: 2415503/2020

EMPLOYMENT TRIBUNALS

Case No 2415503/2020

Between

Mrs L LewickiClaimant

Daisy Chain Day Care Nurseries LtdRespondent

Before

Employment Judge Ainscough

In person for claimant

Not in attendance for respondent

Date 21 July 2021

JUDGMENT

[1]The claimant’s claim of unfair dismissal contrary to section 94 of the Employment Rights Act 1996 is successful.

[2]In accordance with section 119 of the Employment Rights Act 1996, the respondent is ordered to pay a basic award to the claimant of £6282.50.

[3]In accordance with sections 123 and 124 of the Employment Rights Act 1996, the respondent is ordered to pay a compensatory award to the claimant of £10,761.37. This award comprises of the claimant’s immediate loss of wages from 27 July 2020 – 20 July 2021 of £7804.50; the claimant’s future loss of wages from 21 July 2021 – 31 October 2021 of £1520.87 and for the respondent’s failure to provide written particulars of employment, an award of £1436.

[4]In accordance with section 10 of the Employment Relations Act 1999 the respondent is ordered to the pay the claimant £718 for the failure to allow the claimant to be accompanied at a disciplinary hearing.

[5]The Employment Protection (Recoupment of Benefit) Regulations 1996 apply to this award. The prescribed element is £7804.50 attributable to 27 July 2020 – 20 July 2021. The total award is £17,761.87. The amount to be paid to the claimant, pending recoupment of benefit, is £9957.37.