Miss E Ellis v Mt TJ Molyneux T/a GMB Digital Solutions Ltd: 2416238/2018
JUDGMENT
The judgment of the Tribunal is: .(1) The claimant was paid less than the minimum wage at £7.50 per hour, and the calculations are based on the correct hourly payment of £7.83 per hour. The claimant suffered an unlawful deduction in respect of unpaid wages and the respondent is ordered to pay to the claimant the sum of £117.45 net (3 weeks @ £39.15 per week net).(2) The claimant was wrongfully dismissed and is entitled to damages for breach of contract and the respondent is ordered to pay to the claimant unpaid statutory notice pay in the sum of £469.80 net (12 weeks@ £39.15 net).(3) The claimant’s claims in respect of unpaid accrued holiday pay which is well founded and the respondent is ordered to pay to the claimant the sum of £121.36 net in respect for her statutory holiday entitlement accrued and untaken (15.30 hours @ £7.83 per hour).(4) The claimant was unfairly dismissed and her claim for unfair dismissal is well- founded. The respondent is ordered to pay to the claimant damaged for unfair dismissal in the sum of £3123.05 consisting of a basic award in the sum of £743.85 (19 weeks @ £39.15 = £743.85) and a compensatory award consisting of 12 months loss of earnings from the effective date of termination 21 July 2018 £1879.20 and loss of statutory rights in the sum of £500.00.(5) The respondent failed to provide the claimant with a statement of terms and conditions of employment contrary to Section 1 of the Employment Rights Act 1996 as amended, and the respondent is ordered to pay to the claimant compensation in the sum of £156.60 (4 weeks @ £39.15 per week). 25.2.19