Mrs H Allen v Kosher Foods Ltd: 3307132/2023
JUDGMENT
[1]The respondent conceded that it had made unauthorised deductions of wages due to the claimant totalling £375.78 but the respondent has now paid that sum and accordingly no amount is outstanding.[2]The respondent conceded that it had failed to pay accrued holiday pay to the claimant totalling £678.80 but the respondent has now paid that sum and accordingly no amount is outstanding.[3]The claimant was wrongfully dismissed in breach of contract by the respondent and the respondent is ordered to pay the claimant two weeks’ net pay totalling £685.92.[4]The claimant was unfairly dismissed by the respondent and the respondent is ordered to pay the claimant the sum of £3741.28 calculated as follows: Basic Award 3 week’s pay @ £390 £1,103.76 LESS 40% contributory conduct (£441.50) Total Basic Award £662.26 Compensatory Award Prescribed element Loss of Wages Case Number: 3307132/2023 from 10 April 2023 to 9 June 2023, 9 weeks @ £342.96 net per week £3,086.64 PLUS 15% uplift for breach of ACAS Code £463.00 LESS 40% contributory conduct (£1419.86) Non-prescribed element Loss of Statutory Rights £735.84 PLUS 15% uplift for breach of ACAS Code £110.38 Two weeks’ gross pay for no written terms (s38 EA 2002) £735.84 LESS 40% contributory conduct (£632.82) Total Compensatory Award £3,079.02 Total Award £3,741.28[5]For the purposes of the Employment Protection (Recoupment of Jobseekers Allowance and Income Support) Regulations 1996, the tribunal declares that:- 5.1. The monetary award grand total for unfair dismissal is £3,741.28; 5.2. The prescribed element is £2,129.78; 5.3. The prescribed period is 10 April 2023 to 9 June 2023; and 5.4. The excess of the monetary award grand total over the prescribed element is £1,611.50.[6]For the avoidance of doubt the total sum ordered to be paid to the claimant is £4,427.20.