Mrs M Bensalah v Weston Turville Golf Club Ltd: 3311818/2023
JUDGMENT
[1]This is a judgment made under rule 22 of the Employment Tribunal Procedure Rules 2024.[2]The complaint of unfair dismissal is well-founded. The claimant was unfairly dismissed. The respondent shall pay the claimant the sum of £9,817.50 by way of unfair dismissal basic award and £7,700 by way of compensatory award.[3]The complaint of breach of the right to be accompanied is well founded and succeeds. The respondent shall pay the claimant the sum of £770 (2 weeks’ pay) by way of compensation for the breach.[4]The complaint of race discrimination is well-founded and succeeds. The respondent shall pay the claimant an award for injury to feelings of £5,000.[5]The complaint of breach of contract in relation to notice pay is well-founded. The respondent shall pay the claimant £1,540 as damages for breach of contract. This figure has been calculated using gross pay to reflect the likelihood that the claimant will have to pay tax on it as Post Employment Notice Pay.[6]The complaint in respect of holiday pay is well-founded. The respondent made an unauthorised deduction from the claimant's wages by failing to pay the claimant for holidays accrued but not taken on the date the claimant’s employment ended. The respondent shall pay the claimant £1,347.50. This the gross sum: the claimant is responsible for paying any tax or National Insurance. PHCM Order 1 of 2 September 2023 Case Number: 3311818/2023[7]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages in respect of pay for the period from 1 to 2 July 2025. The respondent shall pay the claimant £176. This is the gross sum: the claimant is responsible for the payment of any tax or National Insurance.[8]The claim for a redundancy payment fails and is dismissed.[9]In summary the award to the claimant is: Unfair dismissal basic award £9817.50 Compensatory award £7700.00 Breach of right to be accompanied £770.00 Injury to feelings £5000.00 Notice pay £1540.00 Holiday pay £1347.50 Arrears of pay £176.00 £26351.00 Approved by: