Miss J Robinson v The Rating Specialists Ltd and Access PR Solutions Ltd: 2421127/2017
JUDGMENT
[1]The claimant was employed by the 1st respondent.[2]The complaints of unfair dismissal, breach of contract, unauthorised deductions from wages and failure to provide a written statement of particulars of employment are all well-founded. The principal reason for the dismissal of the claimant was that she was redundant.[3]The 1st respondent is ordered to pay compensation to the claimant in respect of those complaints calculated as follows. Unpaid Wages[4]Shortfall in final week’s pay Net pay due £478.90 Amount paid 250.00 Amount owing £228.90[5]Unpaid holiday pay Holiday year 1 January - 31 December Proportion of holiday year passed in final year of employment (including notice period) 41 weeks Annual holiday entitlement 7 weeks Holiday accrued 7 x 41 = 5.5 weeks Less holiday taken (2 weeks) = 3.5 weeks Amount owing 3.5 x £478.90 = £1,676.15 Unfair dismissal[6]Basic Award 9 weeks at £487.55 gross £4,387.95 Compensatory Award Loss to date of hearing 24.6 weeks x £478.90 11,780.94 Less sums earned 1,680.70 10,100.24 Future loss 13 weeks x £328.90 4,275.70 Loss of statutory rights 200.00 Expenses of seeking alternative work 80.00 4,555.70 £14,655.94 Total award for unfair dismissal £19,043.89[7]The provisions of the Employment Protection (Recoupment of Benefits) Regulations 1996 (“the Recoupment Regulations”) do not apply to the award for unfair dismissal. Failure to provide written statement of particulars of employment 8. 4 weeks pay at £487.55 £1,950.20[9]The tribunal makes no separate award in respect of the complaint of breach contract (for failure to pay notice pay). Compensation in respect of that is comprised within the tribunal’s award for unfair dismissal.[10]The 1st respondent is ordered to pay the total amount awarded under this judgment of £22,899.14 to the claimant on or before 8 February 2018. Employment Judge Date______ 25 January 2018 _______