Miss R McWatt v Italia2U Ltd: 2600750/2023
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim was issued in the Midlands East Employment Tribunals on 10 April 2023. The respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made of the claim, or part of it, in accordance with rule 21 of the Rules of Procedure.[2]The claim succeeds and the remedy to which the claimant is entitled will be determined at a Remedy Hearing.[3]The hearing listed on 29/08/2023 is converted to a remedy hearing with a time estimate of 3 hours. _____________________________ Employment Judge M Butler Date: 26 July 2023[1]The claimant’s claim of unauthorised deduction from wages having succeeded, the respondent shall pay the claimant the sum of £759.56.[2]The claimant of unfair dismissal having succeeded, the respondent shall pay the claimant compensation in the further sum of £10,999.70. Calculated as follows: -a. A basic award of £1,137.90 (4 x 1.5 x £189.65)1b. A compensatory award for past loss of £5,655.03 (of which £250 represents loss of statutory rights).c. A compensatory award for future loss of £2,275.80.d. An uplift of 25% on the total of compensatory awards at b and c (but not the basic award at a) in accordance with section 124A of the Employment Rights Act 1996 and section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 in the sum of £1,982.71. 1 Post hearing note – An incorrect rate of a week’s pay was applied during the hearing. The rate should be the average as calculated at the date of termination, not the earlier average in respect of the claim of deduction from wages. Case number: 2600750/2023 2e. An additional award under section 38 of the Employment Act 2002 at the higher rate of 4 weeks in the sum of £758.60.f. An adjustment under section 124 of the Employment Rights Act 1996 reducing the total compensatory award to the statutory cap which in this case is £9,861.8 (52 x £189.65). The total of the compensatory awards set out above at b-e is £10,672.14, exceeding the cap by the sum of £810.34.2