Mrs G Moss v TCH Housing Ltd: 3205266/2022
JUDGMENT
[1]The Respondent is ordered to pay to the Claimant £3,397.75.[2]The Claimant was unfairly dismissed by the Respondent.[3]The Claimant was wrongfully dismissed by the Respondent.[4]The Claimant is entitled to compensation from the Respondent for 1 week of accrued but untaken holiday.[5]The Respondent made an unlawful deduction to the Claimant’s wages n that it did not pay her for 88 hours work from 15 June 2022 to 11 July 2022.[6]The Respondent did not provide the Claimant with a statement of written particulars, contrary to section 1 of the Employment Rights Act 1996. It is just and equitable to make an award of 4 weeks’ pay in respect of this failure.[7]The Respondent did not provide the Claimant with itemised payslips, contrary to section 8 of the Employment Rights Act 1996. Calculation of the sum is set out in the appendix to this judgment. Recoupment does not apply. Employment Judge Moor Dated: 29 March 2023 Calculation of Award Week’s pay average = £200 net; £250 gross. 2 complete years’ service.a. A. UNFAIR DISMISSAL Basic Award 1.5 x 2 x gross weekly pay (250) 750.00 Compensatory Award 2 weeks full loss of net earnings x 200 400.00 plus 35.5 weeks x £4.50 extra travel expenses 159.75 1309.75b. B. WRONGFUL DISMISSAL Nil award because two weeks’ notice Is covered by compensatory awardc. C. UNLAWFUL DEDUCTION OF WAGES £10 per hour x 88 hours £888.00d. D. SECTION 38 EMPLOYMENT ACT 2022 AWARD 4 weeks gross pay x 250 £1000.00e. E. ACCRUED BUT UNTAKEN HOLIDAY 192 days of holiday year elapsed to 11 July 2022 192/365 = 0.526 Yearly entitlement 5.6 weeks Accrued entitlement 5.6 x 0.526 = 2.95 weeks Paid holiday taken 2 weeks Outstanding 0.95 weeks, rounded up to 1 week = £200.00 A + C + D £3,397.75