Miss K Youngs v J Winzor-Saile T/a The Cottage Hair Beauty and others: 3307294/2020

EMPLOYMENT TRIBUNALS
Case No 3307294/2020
Miss K YoungsClaimantJemma Winzor-saile t/a The Cottage Hair BeautyRespondent
Employment Judge PostleMr R Youngs for claimantMs J Winzor-Saile for respondentIn person for claimantDate 1 November 2021

JUDGMENT

Employment Tribunals Rules of Procedure 2013 – Rule 21 The claimant claims she was unfairly dismissed is well founded. The claim succeeds and the remedy to which the claimant is entitled will be determined at a Remedy Hearing. Notice of hearing letters will be sent in due course. . Employment Judge Postle _____________________________ Date: 15/12/2020 JUDGMENT SENT TO THE PARTIES ON ………………………………………………… AND ENTERED IN THE REGISTER ………………………………………………… FOR THE TRIBUNAL OFFICE Case Number: 3307294/2020 (CVP) 1 of 1 EMPLOYMENT TRIBUNALS Claimant: Ms K Youngs Respondent: Jemma Winzor-Saile t/a The Cottage Hair & Beauty RECORD OF A PRELIMINARY HEARING Heard at: Watford (CVP) On: 16 August 2021 Before: Employment Judge S Moore (sitting alone) Appearances For the Claimant: Mr R Youngs For the Respondent: Ms J Winzor-Saile JUDGMENT Reasons having been given to the parties at the hearing, the default judgment of 15 December 2020 is hereby revoked. The Respondent has leave to serve a response out of time and the response already served on the Tribunal and the Claimant stands as its defence to the claim. __________________________ Employment Judge S Moore Date: 16 August 2021 Sent to the parties on: 14 September 2021 For the Tribunal: Claim No: 3307294/2020 1 EMPLOYMENT TRIBUNALS Claimant: Miss K Youngs First Respondent: Mr & Mrs N Winzor-Saile Second Respondent: Chair Rentals (Norwich) Limited Third Respondent: Boston House Hair & Beauty Limited Heard at: Bury St Edmunds Employment Tribunal (hybrid via CVP) On: 1 November 2021 Before: Employment Judge K Welch (sitting alone) Representation Claimant: In person supported by her father, Mr R Youngs First, Second and Third Respondents: Mrs N Winzor-Saile, director. JUDGMENT[1]The Claimant’s claim for unfair dismissal is well founded and succeeds against the Third Respondent only.[2]The claims against the First and Second Respondents are therefore dismissed.[3]The claimant contributed to her dismissal through her conduct, and accordingly the compensatory award only shall be reduced by 50% to reflect the claimant’s contributory conduct.[4]The compensatory award shall be uplifted by 15% due to an unreasonable failure to follow the ACAS code of practice. Claim No: 3307294/2020 2[5]The Third Respondent is ordered to pay to the Claimant the total sum of £2,303.38 made up of:a. a basic award of £260.77; andb. a compensatory award of £1,942.61 (following adjustments for contributory conduct and ACAS uplift as set out above).[6]The recoupment regulations do not apply.