Ms E AhmetClaimantMartin James-Lyons ApplebeeRespondent
Before
Employment Judge Gordon WalkerNot represented for respondentDate 16 April 2024
JUDGMENT
On the available material, a determination could properly be made of the following claims and judgment is therefore issued accordingly.[1]The claim for holiday pay is well founded and succeeds. The respondent must pay to the claimant the sum of £496.54 within 14 days of the date that this judgment is sent to the parties. This figure is £100 less than the figure given at the hearing, as the calculation for the value of holiday pay made to the claimant (7 days at £50.66 per day, was £354.66 and not £254.66 as stated at the hearing).[2]The claim of unauthorised deductions from wages (national minimum wage) is well founded and succeeds. The respondent must pay to the claimant the sum of £272 within 14 days of the date that this judgment is sent to the parties.[3]The claim for a redundancy payment is well founded and succeeds. The respondent must pay to the claimant the sum of £4,275 within 14 days of the date that this judgment is sent to the parties. This figure is less than the figure given at the hearing. This is because the age of the claimant given at the hearing at the time of dismissal (55 years) was wrong, she was actually 54 years at the date of dismissal. This figure was checked after the hearing and the correct figure has been included in the judgment. Case Number: 3201760/2023[4]The respondent failed to give the claimant a contract of employment. An award of two weeks’ pay is made (calculated at 16 hours per week at national minimum wage). The respondent must pay to the claimant the sum of £325.76 within 14 days of the date that this judgment is sent to the parties.[5]The claimant was at all material times a disabled person within the meaning of section 6 Equality Act 2010 by virtue of arthritis in her hand. The claimant’s dismissal was an act of disability discrimination contrary to section 15 Equality Act 2010. The respondent failed to make reasonable adjustments to accommodate the claimant’s return to work from sick leave in June 2023, contrary to sections 20-21 Equality Act 2010. The amount of compensation for disability discrimination will be decided at a hearing on 16 April 2024.[6]The respondent must pay to the claimant the total sum of £5,369.30 within 14 days of the date that this judgment is sent to the parties. Case Number: 3201760/2023 EMPLOYMENT TRIBUNALS Claimant: Ms E Ahmet Respondent: Martin James Lyons-Applebee Heard at: East London Hearing Centre (in public; by video) On: 16 April 2024 Before: Employment Judge Gordon Walker Appearances For the claimant: represented herself, assisted by her cousin Mrs Celebi For the respondent: represented himself RULE 21 JUDGMENT[1]On the available material, a determination could properly be made and judgment is therefore issued accordingly.[2]The respondent was permitted to participate in the hearing. He provided documents, gave witness evidence, cross examined the claimant and her witness, and made closing submissions.[3]The Tribunal has jurisdiction to hear the claim of unauthorised deductions from wages pursuant to section 23(4) Employment Rights Act 1996: it was not reasonably practicable for the complaint to be presented before the end of the relevant period and it was presented within a further period that the Tribunal considers reasonable.[4]The claim for unauthorised deductions from wages is well founded and succeeds. The respondent made unauthorised deductions from the claimant’s wages in the total sum of £1,162.74.[5]The claimant’s compensation for discrimination is assessed as follows:a. Loss of earnings: £1,824b. Injury to feelings: £12,000c. Interest: £599.92. Case Number: 3201760/2023[6]The respondent must pay to the claimant the total sum of £15,586.66 within 14 days of the date that this judgment is sent to the parties.