Mrs S Johnston v Car Accessories Ltd (in voluntary liquidation): 3303831/2020
JUDGMENT
[1]The judgment of the Tribunal is that: 1.1. The unfair dismissal claim succeeds. The respondent is ordered to pay the claimant compensation in respect of this claim as follows: a) A basic award in the sum of £6,300, to be paid forthwith. b) A compensatory award in the sum of £18,495, to be paid on receipt by the respondent from the Department for Work and Pensions of either:(a) a recoupment notice; or(b) notification that that it does not intend to serve a recoupment notice (Reg 7(2) of the Employment Protection (Recoupment of Benefits) Regulations 1996, and see paragraph 2 below). 1.2. The wrongful dismissal claim succeeds. No order for damages is made in respect of this claim. 10.2 Judgment - rule 61 February 2018 Case No: 3303831/2020 (V) 1.3. The complaint of failure to provide written employment particulars succeeds. The respondent is ordered to pay the claimant compensation in the sum of £2,100 in respect of this claim, to be paid forthwith. 1.4. The claim for unauthorised deductions from wages in respect of notice pay succeeds. The respondent is ordered to pay to the claimant compensation in the sum of £6,165 in respect of this claim, to be paid forthwith. 1.5. The claim for unauthorised deductions from wages in respect of holiday pay is dismissed on withdrawal.[2]The Employment Protection (Recoupment of Benefits) Regulations 1996 apply to this award. The following details are given as required by the Regulations in respect of the award above: 2.1. Monetary award: £18,495:00 2.2. Prescribed element: £18,495:00 2.3. Prescribed period: 10 January 2020 – 9 January 2021 2.4. Monetary award exceeds prescribed element by: £0:00[3]Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a written request is presented by either party within 14 days of the sending of this written record of the decision.