Mrs Mary Ann Eyre v Harrison Brothers (Furniture) Ltd (in administration): 2424293/2017
JUDGMENT
[1]The submission by the first respondent that the claims should not be enforced by reason of public policy is rejected, there being no relevant illegality.[2]The claimant was unfairly dismissed and is awarded a basic award in the sum of £4,890 (calculated as follows: 10 x £489) and is awarded a compensatory award in the sum of £12,474 (comprising wage loss in the sum of £10,400, loss of statutory rights in the sum of £450 and £1,624 in respect of the failure to issue a written statement of particulars) which sums are payable by the first respondent to the claimant.[3]The first respondent shall pay the claimant the net sum of £2,920.47, being the shortfall of wages due to the claimant, an unlawful deduction of the claimant’s wages in terms of section 13 of the Employment Rights Act 1996.[4]The first respondent shall pay to the claimant the gross sum of £296, being the outstanding annual leave to which the claimant was entitled as at the termination of her employment, in terms of regulation 14 of the Working Time Regulations 1998.[5]The Tribunal declares that the first respondent failed to comply with its duty in terms of regulation 13 of the Transfer of Undertaking (Protection of Employment) Regulations 2006 (to elect, inform and consult appropriate 1 of 4 representatives of affected employees, namely those engaged by the first respondent to carry out office functions, of which the claimant was a part) and finds that the first respondent and second respondent are jointly and severally liable to pay the claimant the sum of 13 week’s pay, namely £6,357.[6]The Employment Protection (Recoupment of Benefits) Regulations 1996 do not apply to any of these awards.