Ms H Presland v Town and Country Taverns Ltd: 3311595/2023
JUDGMENT
[1]The claimant’s complaints of automatic unfair dismissal, unpaid wages, notice pay and holiday pay succeed.[2]The respondent unreasonably failed to follow the ACAS Code of Practice on Disciplinary and Grievance Procedures and it is just and equitable to increase the relevant awards by 20%.[3]The respondent has behaved unreasonably in failing to respond to the claim and supply important documents to the claimant and a preparation time order is made in the sum of £880 for 20 hours reasonably spent by the claimant at the rate of £44 per hour. It is ordered that this sum is also paid to the claimant by the respondent.[4]The recoupment regulations apply to part of the compensatory award for unfair dismissal as the claimant received the total sum of £302.86 Job Seekers Allowance in September and October 2023. Details are as follows: a) Monetary award £5119.20 b) Prescribed element £3816 c) Dates to which prescribed element applies 18/7/23 to 26/9/23 d) Amount by which monetary award exceeds prescribed element £1303.20 Case No: 3311595/23[5]The respondent is ordered to pay the following sums to the claimant:(1) Basic Award – gross weekly pay £461.54 x 3 £1384.62(2) Compensatory Award – net weekly pay £381.60 x 10 wks £3816 Loss of statutory rights £450 Compensatory award £4266 +ACAS uplift 20% £853.20 Total compensatory award £5119.20 (Payable immediately £5119.20 – £3816 £1303.20)(3) Unpaid wages – (1) wages due £10,684.80 – paid £9412.95 Outstanding £1271.85 (2) Overtime 401.75 hours x £11 £4419.25 Total £5691.10 - Paid £269.91 £5452.19 +ACAS uplift 20% £1090.43 Total unpaid wages £6542.62(4) Notice pay £381.60 x 3 £1144.80 +ACAS uplift 20% £228.96 Total notice pay £1373.76(5) Holiday pay 47.8 hours x 11 £525.80 +ACAS uplift 20% £105.16 Total holiday pay £630.96(6) Preparation Time Order 20 x £44 £880 The sum to be paid immediately is the total of (1) 1384.62 plus (2) £1303.20 plus (3) £6452.62 plus (4) £1373.76 plus (5) £630.96 plus (6) £880. The total sum to be paid immediately is £12,025.16. Case No: 3311595/23 The remainder (£3816 less any sum due to be recouped by DWP) is payable after DWP confirm the amounts.