Miss S Moore v Earls Barton Medical Centre: 3304262/2018
JUDGMENT
[1]The Claimant’s claim of sex discrimination is dismissed upon withdrawal. Her other claims are unaffected by this judgment.[1]The respondent has not satisfied the tribunal as to the reason for dismissal and that it was a potentially fair reason falling within s.98 of the Employment Rights Act 1996.[2]The respondent acted unfairly in treating the reason as one to justify the dismissal of the claimant.[3]The respondent failed to provide the claimant with a written statement of terms and conditions of employment and an award of 4 weeks’ pay at £200 per week is made, £800.[4]The total award to which the claimant is entitled is £ calculated as set out below. The judge has reconsidered the calculation made at the hearing of her own volition pursuant to Rule 73 of the Employment Tribunal Rules 2013 on the grounds that:a. The basic award was not added into the totalb. The award at paragraph 3 above was not added into the totalc. In calculating the compensatory award the tribunal was wrong to make a deduction in respect of the first period of loss. The claimant was dismissed without notice and her period of recovery therefore commences at the end of that notice period as in her schedule of loss. What has not been awarded, as stated at the hearing is a further payment for the initial month after dismissal in addition to pay in lieu. COMPENSATION Basic award £2600 4 weeks @ £200 per week Case Number: 3304262/2018 6 weeks x 1.5 @ £200 per week Compensatory award Effective date of termination 29 January 2018 New employment from 26 February 2018 but At 11 hours a week compared to 24 with the Respondent Rising to 16.5 hours after 2 months Pay in lieu of notice - £805.93 Differential in pay for 2 months @ £250.94 per month £501.88 6 months differential in pay @ £178.48 £1070.88 Loss of statutory rights £450.00 Compensatory award £2828.69 Uplift for failure to comply with the ACAS code 50% £1414.34 Total compensatory award £4243.03 + Basic award £2600.00 + failure to provide a written statement £800.00 Total award £6843.03