Ms S Heng v Jublee Number 7 Ltd formerly Clarity Products Ltd: 3204954/2021
EMPLOYMENT TRIBUNALS
Case No 3204954/2021
Between
Ms Stella HengClaimantJublee Number 7 Limited formerly Clarity Products LimitedRespondent
Before
Employment Judge Barrett DatedNot represented for respondentDate 24 January 2022
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim was issued in the East London Employment Tribunal on 4 July 2021. The Respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made of the claim in accordance with rule 21 of the Rules of Procedure.[2]The Respondent has made unauthorised deductions from the Claimant’s wages.[3]The Respondent has failed to pay the Claimant holiday pay.[4]The Respondent subjected the Claimant to direct sex and race discrimination by her inclusion in the selection pool for redundancy and by her selection for redundancy.[5]The Claimant was automatically unfairly dismissed for the purposes of section 99 Employment Rights Act 1996 and regulation 20 of the Maternity and Parental Leave Regulations 1999, the Respondent having failed to comply with regulation 10 of the Maternity and Parental Leave Regulations 1999.[6]The Respondent subjected the Claimant to a detriment contrary to section 47C of the Employment Rights Act 1996 and regulation 19 of the Maternity and Parental Leave Regulations 1999, by failing to offer her an alternative role.[7]The claim succeeds and the remedy to which the Claimant is entitled will be determined at a Remedy Hearing. Employment Judge Barrett Dated: 24 January 2022 Case Number: 3204954/2021 1 EMPLOYMENT TRIBUNALS Claimant: Ms Stella Heng Respondent: Jublee Number 7 Limited (in Creditors Voluntary Liquidation) Heard at: East London Hearing Centre (by telephone) On: 13 July 2022 Before: Employment Judge Gardiner Representation Claimant: Mr Grant Williams, trade union representative Respondent: No attendance REMEDY JUDGMENT The judgment of the Tribunal is that:- 1. The Claimant is entitled to the following sums:a. Unauthorised deduction of wages (in relation to the notice period) - £310.34 gross.b. Accrued holiday pay - £92.91 x 23 days = £2136.93 grossc. Automatic unfair dismissal i. Basic award - £461.54 ii. Compensatory award (8 weeks’ net pay) - £2,488 netd. Injury to feelings for sex and race discrimination - £20,000e. Injury to feelings for detriment contrary to regulation 47C Employment Rights Act 1996 - £5,000 Case Number: 3204954/2021 2f. Interest on discrimination award: 1.75 years x 8% = 14% x £20,000 = £2,800