Ms N Voicu v The Grill Steakhouse Ltd (in liquidation): 3314319/2023
JUDGMENT
[1]This is a remedy decision following a hearing conducted under Rule 21 of the Employment Tribunals Rules of Procedure. On 15 May 2024, EJ R Lewis, having reviewed the tribunal file decided that this hearing should be listed to consider remedy, the Respondent having failed to file a response, and EJ R Lewis having been satisfied that the hearing need dealt with remedy only.[2]In any event, even to the extent that liability had remained to be determined today, I am satisfied from what I have heard, and the documents that have been presented today, and all the documents on the Tribunal file that the following judgment should be issued.[3]There was a constructive dismissal which took effect on 21 September 2023. The Claimant was unfairly dismissed.[4]There was a breach of contract, in that the Claimant was entitled to receive 3 weeks’ notice of dismissal, and received no notice.[5]There had been a failure to pay (in full) for salary prior to the termination date, and there was a failure to pay in lieu of holiday on termination.[6]The Respondent seems to be insolvent, but the Claimant has not had notice of the insolvency from anyone. Subject to any application by the insolvency practitioner to seek reconsideration of this judgment, the Respondent is ordered to pay the following sums to the Claimant within 28 days. 6.1. Basic Award for unfair dismissal (3 x £329.06) £987.18 6.2. Compensatory award for unfair dismissal £1140.93 (This is £500 for loss of statutory rights and £640.93 for loss of earnings) 6.3. Breach of Contract (lost remuneration for notice period) £862.12 6.4. Pay in lieu of holiday (gross) £599.15 (This is 57.5 hours at £10.42 per hour) 6.5. Unauthorised deduction for June 2023 (net) £48.42 (Net payment was supposed to be £1248.52 But only £1200 was received) 6.6. Unauthorised deduction for August 2023 (gross) £1518.73 6.7. Unauthorised deduction for September 2023 (gross) £1513.89 (For August and September the payslips show the entitlement but no payment was made)[7]Where the figures above state that they are “gross”, then the judgment will be satisfied by paying the amount after any appropriate PAYE deduction, but there must be no other deduction or set off. In all other cases, the figure shown is the amount which the Respondent must pay for that component of the compensation/damages.[8]The Recoupment Regulations do not apply.