Miss Karen v Buckingham Chauffer Ltd: 2601248/2018 and 2601372/2018

EMPLOYMENT TRIBUNALS

Case No 2601248/2018, 2601372/2018

Between

Miss KarenClaimant

Buckingham Chauffer LtdRespondent

Before

Employment Judge Dyal

Not represented for respondent

Date 22 October 2018

JUDGMENT

[1]The Claimant was unfairly dismissed contrary to ss. 94 and 104(1)(b) Employment Rights Act 1996. 1.1. The basic award is nil; 1.2. The compensatory award is assessed at £9,480 (the sum of 33 weeks pay at £296.25 net per week = £9,776.25, less £296.25 which is deducted in light of the notice pay awarded below so avoid double recovery).

[2]The Respondent made unauthorised deductions from the Claimant’s wages: 2.1. in the sum of £1,904.00 (being 28 working days x 8 hours per day x £8.50 gross per hour). 2.2. in the further sum of £241.40 (the Claimant had accrued 3.55 days of holiday: 3.55 x 8 x hours per day x £8.50 gross per hour = £241.40).

[3]The Claimant was wrongfully dismissed. She is entitled to one week’s notice pay in the sum of £296.25 (being 5 days x 8 hours p/d x £7.41 net p/h).

[4]It is just an equitable to uplift each of the awards above by 10% pursuant to s.207A Trade Union and Labour Relations Act 1992:

[5]The Respondent is thus ordered to pay the Claimant the sum of £13,113.82 (being £9,480 + 1,904.00 + £241.40 + £296.25 uplifted by 10%). Case no. 2601248/2018, 2601372/18 Recoupment The Employment Protection (Recoupment of Benefits) Regulations 1996 (‘the 1996 Regs’) apply:a. The total monetary award is £13,113.82;

b. The prescribed element is £7,558.46;

c. The prescribed element relates to the period 16.05.18 to 22.10.18: i. i.e. 25.5 weeks net pay at £296.41; ii. N.B., no compensatory award for unfair dismissal is made in respect of the period 09.05.18 – 16.05.18 as this period is covered by compensation for wrongful dismissal to which the 1996 Regs do not apply;

d. The monetary award exceeds the prescribed element by £5,555.36.