S Luff v The Independent Windscreen Academy Ltd: 3205215/2022
EMPLOYMENT TRIBUNALS
Case No 3205215/2022
Between
S LuffClaimantDid not attendRespondent
Before
Employment Judge SugarmanIn person for claimantNot represented for respondentDate 24 March 2023
JUDGMENT
[1]The Claimant’s claim of unlawful deduction from wages contrary to section 13 of the Employment Rights Act 1996 succeeds. The Respondent is ordered to pay the Claimant the net sum of £1662.12 in respect of unpaid wages that fell due at the end of July and August 2022.[2]The Claimant’s claim for breach of contract in respect of unpaid pension contributions in the months of July and August 2022 succeeds. The Respondent is ordered to pay the Claimant the net sum of £29.12.[3]The Claimant’s claim of discrimination under the Part-time Worker (Prevention of Less Favourable Treatment) Regulations 2000 succeeds. The Claimant was treated less favourably contrary to Regulation 5 because she was not paid in July and August 2022 and because she was constructively dismissed. No separate award of compensation is made.[4]The Claimant’s claim of wrongful dismissal succeeds. She resigned on 1 September 2022 in response to a fundamental breach of contract, namely the discriminatory failure to pay her wages in July and August 2022. The Respondent is ordered to pay the Claimant the net sum of £1,204.80.[5]The Claimant’s claim of unfair dismissal contrary to ss95, 98 and 111 of the Employment Rights Act 1996 succeeds. The Respondent is ordered to pay the Claimant the net sum of £3,926.72 broken down as follows: Case Number: 3205215/2022a. Basic Award £1740b. Compensatory Award i. Loss of earnings £1584.80 ii. Pension loss £101.92 iii. Loss of statutory rights £500 iv. Total £2,186.72[6]The Employment Protection (Recoupment of Benefits) Regulations 1996 do not apply. The Claimant did not receive any relevant benefits in the prescribed period.[7]Thus, the total amount the Respondent is ordered to pay to the Claimant in respect of all of the successful claims is £6822.76 net.