Ms L Naim v Kash PH Ltd: 3200587/2025
JUDGMENT
The judgment of the Tribunal is as follows: Unfair Dismissal[1]The complaint of unfair dismissal is well-founded. The Claimant was unfairly dismissed.[2]The Respondent shall pay the Claimant the following sums:(a) A basic award of £5549.61(b) A compensatory award of £12918.40[3]The Employment Protection (Recoupment of Benefits) Regulations 1996 apply:a. The total monetary award (i.e. the compensatory award plus basic award) payable to the Claimant for unfair dismissal is £18,468.01.b. The prescribed element is £12,618.40.c. The period of the prescribed element is from 10 March 2025 to 21 January 2026.d. The difference between (a) and (b) is £5,849.61. Notice Pay[4]The complaint of breach of contract in relation to notice pay is well-founded.[5]There is no award of damages, given the compensatory award above. Failure to provide written statement of reasons for dismissal[6]The complaint that the Respondent has unreasonably failed to provide a written statement under section 92 Employment Rights Act 1996 is wellfounded.[7]It is declared that the reason for dismissal was because the Respondent’s branch manager wished to employ a friend in the Claimant’s position.[8]The Tribunal awards to the Claimant an amount equal to two weeks’ gross pay. In accordance with section 93 Employment Rights Act 1996, the Respondent shall pay the Claimant £672.68. Failure to provide a written statement of employment particulars[9]When the proceedings were begun the Respondent was in breach of its duty to provide the Claimant with a written statement of employment particulars. It is just and equitable to make an award of an amount equal to four weeks’ gross pay. In accordance with section 38 Employment Act 2002, the Respondent shall therefore pay the Claimant £1345.36. Approved by: District Judge Ross sitting as Employment Judge Dated: 21 January 2026 Note Reasons for the judgment were given orally at the hearing. Written reasons will not be provided unless a party asked for them at the hearing or a party makes a written request within 14 days of the sending of this written record of the decision.