Miss L McCreath v Darlington Railway Hospitality Ltd: 2501162/2020
JUDGMENT
[1]The claimant is entitled to a redundancy payment of £394.08.[2]The claimant’s complaint that the respondent breached her contract of employment by terminating it without notice is well founded. The respondent must pay to the claimant damages for breach of contract in the amount of £394.08.[3]The claimant’s complaint that the respondent made a deduction from wages in contravention of section 13 of the Employment Rights Act 1996 is well founded. The respondent must pay to the claimant £197.04, being the amount deducted.[4]The claimant’s complaint that the respondent failed to pay holiday pay due is not made out and is dismissed. Case No. 2501162/2020 (A)[5]The claimant’s complaint that the respondent unfairly dismissed her is well founded. The respondent must pay to the claimant compensation for unfair dismissal of £131.36, consisting of a compensatory award only.[6]The Recoupment Regulations apply to the award of compensation for unfair dismissal as follows:-(a) The total amount of the award is £131.36(b) The prescribed element is £131.36(c) The period of the prescribed element is from 26 March 2020 to 2 April 2020.(d) The excess of the total award over the Prescribed Element is nil