Mrs A Miskiewicz and others v KL Invest (Boston) Ltd: 2603345/2019 and others
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.[2]The hearing listed on 24 January 2020 will be converted to a remedy hearing. Employment Judge Victoria Butler _____________________________ Date: 14.01.20 Cases: 2603345/2019, 1806755/2019,1806757/2019, 1806783/2019, 1806789/2019 & 1807581/2019 1 EMPLOYMENT TRIBUNALS Claimants: Mrs A Miskiewicz Mrs M Warzywoda Mrs J Berzina Mrs I Nawrocka Miss E Nowak Respondent: KL Invest Boston Limited AT A HEARING Heard at: Hull On: 7th August 2020 Before: Employment Judge Lancaster Representation Claimants: Mirs Miskiewicz, Mrs Wazywoda, Mrs Nawrocka and Miss Nowak in person (through an interpreter) Mrs Berzina did not attend Respondent: No appearance entered and did not attend[1]The claim of Mrs Berzina (1806783/2019) is dismissed because it is not being actively pursued.[2]The second claim of Mrs Miskiewicz (1806755/2019) is dismissed upon withdrawal, because it is a duplicate of 2603345/2019 on which a liability judgment has already been entered under rule 21 of the Employment Tribunals Rules of Procedure 2013.[3]The Respondent is ordered to pay to Mrs Miskiewicz compensation for an unauthorised deduction from wages in the sum of £262.72 gross (being 32 hours unpaid in October 2019 at an hourly rate of £8.21)[4]The Respondent is ordered to pay to Mrs Miskiewicz compensation for accrued but untaken holiday up to the date of termination on 13th October 2019 in the sum of £172.41 gross (being 3 days at 7 hours per day at an hourly rate of £8.21)[5]Any claim of Mrs Warzywoda for notice pay or for a redundancy payment is withdrawn because she resigned without notice and did not have 2 years’ qualifying service[6]The continuing claim of Mrs Warzywoda (1806757/2019) succeeds.[7]The Respondent is ordered to pay to Mrs Warzywoda compensation for an unauthorised deduction from wages in the sum of £537.76 gross (being 65.5 hours unpaid in October 2019 at an hourly rate of £8.21) Cases: 2603345/2019, 1806755/2019,1806757/2019, 1806783/2019, 1806789/2019 & 1807581/2019 2[8]The Respondent is ordered to pay to Mrs Warzywoda compensation for accrued but untaken holiday up to the date of termination on 13th October 2019 in the sum of £229.88 gross (being 4 days at 7 hours per day at an hourly rate of £8.21)[9]The claim of Mrs Nawrocka (1806789/2019) succeeds in part.[10]The Respondent is ordered to pay to Mrs Nawrocka compensation for an unauthorised deduction from wages in the sum of £615.75 gross (being 75 hours unpaid in October 2019 at an hourly rate of £8.21)[11]The Respondent is ordered to pay to Mrs Nawrocka compensation for accrued but untaken holiday up to the date of termination on 18th October 2019 in the sum of £229.88 gross (being 4 days at 7 hours per day at an hourly rate of £8.21)[12]Mrs Nawrocka was dismissed by reason of redundancy and the Respondent is ordered to pay to her a redundancy payment in the sum of £541.86 (being 2 weeks’ pay at 33 hours per week).[13]Mrs Nawrocka was wrongfully dismissed and the Respondent is ordered to pay to her damages for breach of contract in the sum of £450.62 (being 2 weeks’ net pay in lieu of notice).[14]Any claim for breach of contract in respect of pension contributions allegedly deducted but not paid to the pension provider is dismissed.[15]The claim of Miss Nowak (1807581/2019) succeeds in part.[16]The Respondent is ordered to pay to Miss Nowak compensation for an unauthorised deduction from wages in the sum of £677.33 gross (being 82.5 hours unpaid in October 2019 at an hourly rate of £8.21)[17]The Respondent is ordered to pay to Miss Nowak compensation for accrued but untaken holiday up to the date of termination on 18th October 2019 in the sum of £344.82 gross (being 6 days at 7 hours per day at an hourly rate of £8.21)[18]Miss Nowak was dismissed by reason of redundancy and the Respondent is ordered to pay to her a redundancy payment in the sum of £812.79 (being 3 weeks’ pay at 33 hours per week).[19]Miss Nowak was wrongfully dismissed and the Respondent is ordered to pay to her damages for breach of contract in the sum of £669.75 (being 3 weeks’ net pay in lieu of notice).[20]It is declared that Miss Nowak was unfairly dismissed but no further compensation is payable.[21]Any claim for breach of contract in respect of pension contributions allegedly deducted but not paid to the pension provider is dismissed.