Ms N Peerbux v Oak Lodge Care Ltd: 3200127/2022
JUDGMENT
[1]Judgment in favour of the claimant was made on 22 June 2022. REMEDY Following a remedy hearing on 8 July 2022, the claimant is awarded the following amounts in respect of her claims: a) 30/6/21: 140 hours claimed at £9.44ph (£1,321.60), less 138 hours paid at £9.01ph (£1,243.38) – Shortfall £78.22 b) 31/7/21: 87.50 hours claimed at £9.44ph (£826.00), less 81 hours paid at £9.01ph (£729.81) – Shortfall £96.19 (pay) c) 31/7/21: 36 hours claimed at £9.44ph (£339.84), less 23.40 hours paid at £8.91ph (£208.49) - Shortfall £131.35 (annual leave) d) 31/7/21: Deduction of £62.80 (DBS Check Charge) – Shortfall £62.80 e) 30/9/21: SSP paid £385.40 versus SSP due £417.51 – Shortfall £32.11 Case Number: 3200127/2022 f) 31/10/21: SSP due £417.51 – None paid Shortfall - £417.51 Total Underpayment: £818.08 (X) Payments in respect of a) to d) above were subsequently received by the claimant and are to be deducted from the “Total Underpayment” shown above, namely: g) £91.16 (made up of one payment each of £56.33 plus £34.83), paid by the respondent on 6/8/21 h) £62.80 (DBS Check Charge reimbursement), paid by the respondent on 30/12/21 Total received: £153.96 (Y) Net loss of earnings (X – Y): £664.12 Uplift to compensatory award of 25% for failure to follow the ACAS Code: £664.12 x 25% = £166.03 Grand total award The grand total sum of £830.15 is payable to the Claimant by the Respondent forthwith. JUDGMENT[2]The Respondent’s application dated 30 September 2022 for reconsideration of the judgment sent to the parties on 12 July 2022 is refused under Rule 72(1) of the Tribunal Rules 2013.REASONS
[1]There is no reasonable prospect of the original decision being varied or revoked because the Tribunal is satisfied that all relevant correspondence in relation to the claim (including correspondence issued on 24 February 2022, 2 April 2022, 21 May 2022, 25 June 2022 and 12 July 2022) was sent to the Respondent’s registered address and the Respondent has not been able to offer any explanation as to why those pieces of correspondence were not received at the Respondent’s registered address.