Mrs M Smith v Turner Bros Ltd (in Creditors’ Voluntary Liquidation): 2602816/2021
JUDGMENT
[1]The name of the respondent is amended to Turner Bros. Limited (in Creditors’ Voluntary Liquidation).[2]The claimant’s complaint of constructive unfair dismissal succeeds and the respondent must pay her the following awards:a. Basic award: £4,341.36;b. Compensatory award: £13,742.49*.[3]The claimant suffered an unlawful deduction of wages and so the respondent must pay her the sum of £180.37.[4]The claimant is owed for accrued but untaken holiday and so the respondent must pay her the sum of £547.84.[5]The claimant was not provided with any written statement of employment particulars, and it is ordered that the respondent must pay the claimant four weeks’ pay in the sum of £723.56 (the higher amount provided by s38 Employment Act 2002). 1 of 2 Case Number: 2602816/2021[6]Consequently, the respondent must pay to the claimant the grand total of £19,535.62. 7. *Explanation of compensatory award:a. £6,150.26 in respect of lost earnings to 25 March 2022;b. £331.13 in respect of lost pension entitlement;c. £4,750.72 in respect of lost future earnings (26 weeks as is considered just and equitable in the circumstances);d. £400.00 in respect of lost statutory rights; ande. £2,110.38, an uplift of 20% to the compensatory award following the respondent’s unreasonable failure to follow ACAS codes of practice in relation to grievances raised.