Ms Gemma Witton v Ms Angela Gleghorn T/a Mosaic Beauty: 2500947/2020
REASONS
[1]The claimant presented a claim on 14 May 2020 naming Ms Angela Gleghorn and Mosaic Beauty as two separate respondents but, as the particulars of claim make clear, the latter is a trading name of the former. It was sent to the respondent on 22 June 2020 . A response form was due by 20 July 2019 but none was received.[2]I am required by rule 21 of the Employment Tribunals Rules of Procedure 2013 to decide on the available material whether a determination can be made and, if it can, I am obliged to issue a judgment which may determine liability and remedy. I consider the above judgment appropriate because the claim form does enable me to find the claims proved on a balance of probability but not to determine remedy EMPLOYMENT JUDGE T M GARNON Judgment Authorised by the Employment Judge on 27 July 2020 Case Number: 2500947/2020 CMD-Ord 1 of 2 August 2020 EMPLOYMENT TRIBUNALS Claimant: Miss G Witton Respondent: Angela Gleghorn (also known as Angela Littlemore) trading as Mosaic Beauty Heard at: Newcastle (by video link) On: 29 October 2020 Before: Employment Judge S Shore Appearances For the claimant: Mr J Bromige, Counsel For the respondent: No appearance REMEDY JUDGMENT[1]In a Judgment dated 27 July 2020, Employment Judge Garnon found that the claimant’s claims of unfair dismissal, failure to provide written reasons for dismissal, breach of contract, failure to provide itemised payslips, compensation for untaken annual leave and unauthorised deduction of wages were all wellfounded. The Judgment was made under Rule 21 of the Employment Tribunals Rules of Procedure 2013.[2]The respondent, Angela Gleghorn, shall pay the claimant compensation calculated as follows: Unfair Dismissal 2.1. A Basic Award calculated as two weeks’ pay (at £191.25 gross per week), being a total of £382.50. 2.2. No Compensatory Award for losses to the date of this hearing. 2.3. A Compensatory Award for future loss for loss of statutory rights - £250.00. 2.4. After reconsidering the matter after the hearing on my own motion, I find that the Employment Protection (Recoupment of Benefits) Regulations 1996 do not apply, as the only Compensatory Award made to the claimant relates to future loss. Case Number: 2500947/2020 CMD-Ord 2 of 2 August 2020 Breach of Contract 2.5. The claimant’s contractual entitlement to notice was four weeks’ pay, calculated as 4 x £177.95 = £771.11. Unpaid Annual Leave 2.6. The claimant was entitled to one day’s paid leave at the effective date of her termination of employment, which is calculated as £56.31. Unauthorised Deduction of Wages 2.7. The claimant was not paid for working on 28 January 2020, which is calculated as £56.31. 2.8. The respondent failed to pay pension contributions on behalf of the claimant in the sum of £114.72. 2.9. The respondent failed to pay NI contributions on behalf of the claimant in the sum of £29.76. Uplift for Failure to Comply with ACAS Code of Practice No.1 2.10. I find that the respondent failed to make any attempt to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures and that an uplift on the awards for unfair dismissal, breach of contract and unauthorised deductions of 25% should be applied. The total awarded under those three heads of claim is £1,057.76, so the uplift is £489.44. Failure to Provide Written Reasons for Dismissal 2.11. I award the claimant 2 weeks’ pay for the respondent’s failure to provide written reasons for dismissal, when requested to do so. The award is 2 x £191.25 = £382.50. Total 2.12. The total payable by the respondent to the claimant is £2,447.21.