Miss Lynne Telford v Ocean Securities (UK) Ltd: 2601780/2017
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The following claims advanced by the claimant are well founded and the remedy to which the claimant is entitled will be determined at a Remedy Hearing namely:1.1 The claim of unfair dismissal1.2 The alternative claim for a redundancy payment1.3 The claim of wrongful dismissal.1.4 The claim of unauthorised deduction from wages.1.5 The claim of unpaid holiday pay.[2]The hearing listed for 5 March 2018 at 9:45am at 2nd Floor, Kings Court, Earl Grey Way, Royal Quays, North Shields, Tyne and Wear NE29 6AR is cancelled. A Remedy Hearing is to be listed with an estimated length of two hours before an Employment Judge sitting alone at North Shields Hearing Centre as soon as possible. Notification of the date and time of the Remedy Hearing will follow under separate cover. The Orders set out in the letter from the Employment Tribunal to the parties dated 13 November 2017 are revoked.[3]The claimant is ordered to bring to the Remedy Hearing the original and two copies of her contract of employment and a statement of all sums claimed from the respondent and two copies of all documents relied on to support such claims.[4]The respondent will only be able to partake in the Remedy Hearing to the extent permitted by theREASONS
[1]The claimant filed a claim with the Tribunal on 27 October 2017 which was served on the respondent on 13 November 2017.[2]The respondent has failed to file any response to the proceedings.[3]The claimant claims various sums from the respondent which are not specifically set out in the claim form and therefore I conclude that a Remedy Hearing is required.[1]Pursuant to section 114 of Employment Rights Act 1996, the respondent is ordered to reinstate the claimant to the position of Finance Manager from which she was unfairly dismissed by the respondent on 28 July 2017 and to treat the claimant in all respects as if she had not been dismissed.[2]The respondent is ordered to pay to the claimant arrears of wages from the date of dismissal until 1 February 2018 in the sum of £5134.48p.[3]All contractual rights and privileges (including the benefit of any improvement in her terms and conditions between the date of dismissal and the date of compliance with Case Number: 2601780/2017 this order for reinstatement) are to be restored to the claimant as were enjoyed by the claimant in her contract of employment with the respondent which ended by dismissal on 28 July 2017.[4]This Order must be complied with by 1 February 2018.[5]The Employment Protection (Recoupment of Benefits) Regulations 1996 (“the 1996 Regulations”) do not apply to this award. The claim of wrongful dismissal[6]There will be no award for wrongful dismissal because to make any award would amount to double recovery. The claim for a redundancy payment[7]There will be no award in respect of this alternative claim in light of the order for reinstatement set out above. The claim for unpaid wages[8]The respondent is ordered to pay to the claimant £955.68 in respect of unpaid wages for the period ending on 28 July 2017. This is a gross amount and the claimant shall account to the appropriate authorities in respect of any income tax and employee national insurance contributions due in respect of such sum on receipt by her. The claim for unpaid holiday pay[9]The claimant has been re-instated and matters of holiday pay fall to be dealt with between the parties in the context of the ongoing contractual relationship. EMPLOYMENT JUDGE BUCHANAN