Ms S WahidClaimantBarts Health NHS TrustRespondent
Before
Employment Judge DobbieMr Christopher Adiole (instructed by Solicitor) for claimantMr Lance Harris (instructed by Counsel) for respondentChris Adiole (instructed by Solicitor) for claimantDate 21 July 2022
JUDGMENT
[1]The Claimant’s claim for holiday pay is dismissed upon withdrawal.[2]The Claimant’s claim for unfair dismissal succeeds. The Claimant’s claim for notice pay succeeds.[4]The Claimant’s claim for arrears of pay (unlawful deduction from wages) succeeds. Employment Judge Dobbie Date: 13 December 2021 Case number: 3204831/2021 EMPLOYMENT TRIBUNALS Claimant: Sarah Sharma Wahid Respondent: Barts Health NHS Trust Heard at: East London Hearing Centre On: 05 and 06 July 2022 Before: Employment Judge Housego Representation Claimant: Chris Adiole, Solicitor Respondent: Lance Harris, of Counsel, instructed by Bevan Brittan LLP[1]The Claimant was unfairly dismissed by the Respondent.[2]The Respondent is to pay to the Claimant notice pay (breach of contract) of £1,636.56.[3]The awards are subject to a Polkey v A E Dayton Services Ltd [1987] UKHL 8 reduction of 30%.[4]The awards are increased by 25% for failure by the Respondent to follow the ACASs code.[5]The total award for unfair dismissal (with the adjustments made) is £9,272.79.[6]For the avoidance of doubt the total to be paid is £10,909.35.