Ms S Price and Others v Jean Price Natural Health Foods Ltd and J Price: 2415697/2020 and Others
JUDGMENT
[1]Ms Price’s claim for Pregnancy or Maternity Discrimination brought against both the first and second respondent does not succeed and is dismissed. Further, this claim was brought out of time and it was not just and equitable to extend time.[2]Ms Price succeeds in her claim for unfair dismissal against the first respondent. She is awarded a basic award of £1,090, and a compensatory award in the sum of £5,886.70. The total unfair dismissal award is: £6,976.70 (see annex 1).[3]Ms Price succeeds in her claim for wrongful dismissal against the first respondent. She is entitled to 12 weeks net pay. And is awarded the net figure of (12 x £87.20) £1,046.40.[4]Ms Price succeeds in her claim for unpaid holiday pay against the first respondent. She is awarded the gross figure of (3.06 x £87.20) £266.83.[5]Ms Price succeeds in her claim for unauthorised deductions from wages against the first respondent. This is subject to a 25% uplift due to failure by the first respondent to comply with the ACAS Code of Practice. She is awarded the gross figure of ((4 x £69.76) x 1.25) £348.80.[6]Ms Price succeeds in her claim against the first respondent for a failure to provide her with a statement of written reasons for dismissal, pursuant to s.92 of the Employment Rights Act 1996. She is awarded 4 weeks gross pay for this failure, and is therefore awarded the gross figure of (4 x £89.10) £356.40.[7]Ms Price succeeds in her claim against the first respondent for a failure by the employer to provide her with a written statement of employment particulars, an is awarded 4 weeks gross pay. She is therefore awarded the gross figure of (4 x £89.10) £356.40.[8]The total award for Ms Price is £9,354.53. Gross figures will either require the respondent to make deductions for tax and national insurance, or, where this does not happen, the claimant will need to account for such payments with HMRC. Ms Howarth[9]Ms Howarth succeeds in her claim for unfair dismissal against the first respondent. She is awarded a basic award of £3,034.08, and a compensatory award in the sum of £595.78. The total unfair dismissal award is: £3,629.86 (see annex 2).[10]Ms Howarth succeeds in her claim for wrongful dismissal against the first respondent. She is entitled to 12 weeks net pay. And is awarded the net figure of (12 x £147.89) £1,774.68.[11]Ms Howarth succeeds in her claim for unpaid holiday pay against the first respondent. This is subject to a 25% uplift due to failure by the first respondent to comply with the ACAS Code of Practice. She is awarded the gross figure of ((4.06 x £168.56) x 1.25) £855.44.[12]Ms Howarth succeeds in her claim against the first respondent for a failure to provide her with a statement of written reasons for dismissal, pursuant to s.92 of the Employment Rights Act 1996. She is awarded 4 weeks gross pay for this failure, and is therefore awarded the gross figure of (4 x £168.56) £674.24.[13]Ms Howarth succeeds in her claim against the first respondent for a failure by the employer to provide her with a written statement of employment particulars, an is awarded 4 weeks gross pay. She is therefore awarded the gross figure of (4 x £168.56) £674.24.[14]The total award for Ms Howarth is £7,608.46. Gross figures will either require the respondent to make deductions for tax and national insurance, or, where this does not happen, the claimant will need to account for such payments with HMRC. Mr McManus[15]Mr McManus succeeds in his claim for unfair dismissal against the first respondent. He is awarded a basic award of £3,694.89, and a compensatory award in the sum of £3,108.63. The total unfair dismissal award is: £6,803.49 (see annex 3).[16]Mr McManus succeeds in his claim for wrongful dismissal against the first respondent. He is entitled to 12 weeks net pay. And is awarded the net figure of (12 x £202.56) £2,430.72.[17]Mr McManus succeeds in his claim for unpaid holiday pay against the first respondent. This is subject to a 25% uplift due to failure by the first respondent to comply with the ACAS Code of Practice. He is awarded the gross figure of ((4.72 x £205.27) x 1.25) £970.12.[18]Mr McManus succeeds in his claim against the first respondent for a failure to provide him with a statement of written reasons for dismissal, pursuant to s.92 of the Employment Rights Act 1996. He is awarded 4 weeks gross pay for this failure, and is therefore awarded the gross figure of (4 x £205.27) £821.08.[19]Mr McManus succeeds in her claim against the first respondent for a failure by the employer to provide her with a written statement of employment particulars, an is awarded 4 weeks gross pay. She is therefore awarded the gross figure of (4 x £205.27) £821.08.[20]The total award for Mr McManus is £11,846.49. Gross figures will either require the respondent to make deductions for tax and national insurance, or, where this does not happen, the claimant will need to account for such payments with HMRC. Preparation Time Order[21]A Preparation Time Order has been made in respect of Ms Price and Mr McManus against the First Respondent. The First Respondent in respect of this Preparation Time Order must pay the following, in addition to the sums above:a. The sum of (8 x £41) £328 to Ms Price for Preparation Time.b. The sum of (20 x £41) £820 to Mr McManus for Preparation Time.