Ms G Bishop v The Workshop Coffee House Ltd: 3204420/2022
JUDGMENT
[1]The Respondent (‘The Workshop Coffee House’) is substituted by ‘The Workshop Coffee House Ltd’ under rule 34 of the Employment Tribunals Rules of Procedure 2013.[2]The preliminary hearing conducted by telephone was converted to a final hearing under rule 48 of the Employment Tribunals Rules of Procedure 2013.[3]The Claimant’s claims of unauthorised deductions from wages and unpaid accrued untaken holiday succeed under rule 21 because the claims were not responded to. The Respondent is ordered to pay £216.41.[4]The Claimant’s claim of wrongful dismissal succeeds under rule 21 because the claims were not responded to. The Respondent is ordered to pay £234.36.[5]The Claimant’s claims of Automatic Unfair Dismissal succeed under rule 21 because the claims were not responded to. The Respondent is ordered to pay £8,765.10. Recoupment applies as the Claimant was in receipt of benefits in the prescribed period. The details are set out below.[6]The Claimant’s claim of pregnancy discrimination succeeds under rule 21 because the claim was not responded to. Compensation will be determined Case Number: 3204420/2022 2 at a separate remedies hearing to be held by CVP (video) on Monday 12th December 2022 for 2 hours from 10am. Breach of contract (Notice Pay) 1 week (19/03/22 – 25/03/22) £234.36 Unauthorised Deduction from Wages and Breach of Working Time Regulations 2008 £216.14 Automatic Unfair Dismissal – compensatory award 34 weeks (26/03/22 – 18/11/22) x £234.36 £7,968.24 ACAS uplift 10% £796.82 Prescribed element £8,765.06 Prescribed period 26/03/22 – 18/11/22 Total amount of award £9,215.56 Balance £450.50 Tribunal Judge Overton, acting as an Employment Judge Dated: 28 November 2022 Case Number: 3204420/2022 EMPLOYMENT TRIBUNALS Claimant: Ms G Bishop Respondent: The Workshop Coffee House Ltd Heard at: East London Hearing Centre (by video) On: 12 December 2022 Before: Tribunal Judge Overton acting as an Employment Judge Representation Claimant: Mr MacMillan (Counsel) Respondent: No appearance REMEDY JUDGMENT & CORRECTION[1]The liability and partial remedy hearing was held on 22 November 2022. The Claimant’s claims of unauthorised deduction from wages, wrongful dismissal, automatic unfair dismissal and pregnancy discrimination succeed under rule 21 because the claims were not responded to.[2]Remedy was also decided for the claims of unauthorised deduction from wages, wrongful dismissal and automatic unfair dismissal. A hearing to de-cide remedy in the claim of pregnancy discrimination was scheduled for 12 December 2022.[3]During the remedy hearing of 12 December 2022, it became apparent that an incorrect date for the commencement of maternity leave had been used in the remedy calculation in respect of the award for automatic unfair dismis-sal. The correct amounts awarded are detailed below. The correction is made under rule 69 of the Employment Tribunal Rules of Procedure.[4]The Respondent was previously ordered to pay £216.41 in respect of unau-thorised deductions from wages and unpaid accrued holiday.[5]The Respondent was previously ordered to pay £234.36 in respect of notice pay.[6]In respect of automatic unfair dismissal, the Respondent is ordered to pay £7,408.33. This calculation replaces the calculation contained in the judg-ment dated 28 November 2022. Recoupment applies as the Claimant was in receipt of benefits in the prescribed period. The details are set out below. Case Number: 3204420/2022[7]In respect of pregnancy discrimination, the Respondent is ordered to pay £9,000.00 in injury to feelings.[8]A 10% uplift applies to the breach of contract, automatic unfair dismissal awards and to the award for injury to feelings for pregnancy discrimination. Breach of contract (No-tice Pay) 1 week (19/03/22 - 25/03/22) £234.36 Unauthorised Deduction from Wages and Breach of Working Time Regulations 2008 £216.14 Automatic Unfair Dismissal - compensatory award 22.2 weeks (26/03/22 - 30/08/22) x £234.36 = £5,202.79 6 weeks Statutory maternity Pay at 90% (30/08/22 - 10/10/22) = £1,265.58 6 weeks Statutory Maternity Pay (11/10/22 - 21/12/22) = £939.96 £7,408.33 ACAS uplift on compensatory award 10% £740.83 ACAS uplift on notice pay 10% £23.43 Injury to Feelings £9,000.00 ACAS uplift on injury to feelings 10% £900.00 Prescribed element £7,408.33 Prescribed period 26/03/22 - 21/11/22 Total amount of award £18,523.09 Balance (total award less prescribed element) £11,114.76 Tribunal Judge Overton acting as an