Mrs L Brown v Duchy Farm Kennels Ltd: 2600073/2023
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim succeeds and the remedy to which the claimant is entitled will be determined at a Remedy Hearing. _____________________________ Employment Judge Swann Date: 9/3/2023 CASE NO: 2600073/2023 1 EMPLOYMENT TRIBUNALS Claimant: Mrs Lesley Brown Respondents: Duchy Farm Kennels Limited Record of a Remedy Hearing at the Employment Tribunal Heard at: Lincoln Heard on: 4 October 2023 Before: Employment Judge Hutchinson (sitting alone) Appearances: Claimant: In person Respondent: No appearance[1]Under section 163 Employment Rights Act 1996 it is determined that the Claimant is entitled to a redundancy payment of £4,046.25.[2]The complaint of breach of contract in relation to notice pay is well founded. The Respondent shall pay to the Claimant £2,378.28 as damages for breach of contract.[3]The complaint of unfair dismissal is well founded. The Claimant was unfairly dismissed. The Respondent shall pay the Claimant the following sums: CASE NO: 2600073/2023 2 3.1. A Compensatory Award of £8,552.60.[4]The Employment Protection (Recoupment of Benefits) Regulations 1996 apply:(a) The total monetary award payable to the Claimant for unfair dismissal is £8,552.60.(b) The prescribed element is £6,342.08.(c) The period of the prescribed element is from 10 February 2023 until 4 October 2023.(d) The difference between (a) and (b) is £2,210.52.[5]The complaint of unauthorised deduction from wages is well founded. The Respondent made an unauthorised deduction from the Claimant’s wages and the Respondent shall pay to the Claimant the sum of £1,521.74.[6]The complaint in respect of holiday pay is well founded, the Respondent made an unauthorised deduction from the Claimant’s wages by failing to pay the Claimant for holidays accrued but not taken on the date the Claimant’s employment ended. The Respondent shall pay the Claimant the sum of £242.10 gross.[7]When the proceedings were begun the Respondent was in breach of its duties to provide the Claimant with a written statement of employment particulars. There are no exceptional circumstances that make an award of an amount equal to 2 weeks gross pay unjust or inequitable. It is just and equitable to make an award of an amount equal to 4 weeks gross pay. In accordance with section 38 Employment Act 2002 the Respondent shall therefore pay the Claimant the sum of £830.00.[8]The total compensation payable by the Respondent to the Claimant is £17,570.97