Mrs A Niles (formerly Lorking) v Nathan Ramm NGR Construction Ltd: 3304605/2024
JUDGMENT
[1]The claim against Nathan Ramm NGR Construction Ltd is dismissed (for the avoidance of doubt the claim continues against Mr Nathan Ramm himself who has been added as a respondent) _______________________ Employment Judge Margo 16 December 2024[1]The complaint of unfair dismissal is well-founded. The claimant was unfairly dismissed: 1.1. The Employment Protection (Recoupment of Benefits) Regulations 1996 do not apply. 1.2. The respondent shall pay the claimant the following sums: 1.2.1. A basic award of £1469.60. 1.2.2. A compensatory award of £1390.20.[2]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages in the period from 25 January 2024 to 25 February 2024. The respondent shall pay the claimant £2470.47, which is the net sum deducted.[3]The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015 and it is just and equitable to increase the compensation payable in respect of the foregoing to the claimant by 10 % in Case Number: 3304605/2024 2 accordance with s 207A Trade Union & Labour Relations (Consolidation) Act 1992. The total of the foregoing is £5330.27 10% thereof is £533.03 which shall be the further sum payable by the respondent to the claimant.[4]When the proceedings were begun the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars. There are no exceptional circumstances that make an award of an amount equal to two weeks’ gross pay unjust or inequitable. It is not just and equitable to make an award of an amount equal to four weeks’ gross pay. In accordance with section 38 Employment Act 2002 the respondent shall therefore pay the claimant £1140.20.[5]For the avoidance of doubt, the total payable by the respondent to the claimant without deduction under the terms of this agreement is £7003.50. Approved by: