Ms S Chappell v John Espisito T/a Surrey County Cars: 3347070/2016
JUDGMENT
[1]The Tribunal heard evidence on oath from both parties and read documents in a bundle provided by the parties. From the evidence heard and read the Tribunal determined as follows. Notice Pay - article 3 Employment Tribunals Extension of Jurisdiction (E&W) Order 1994[2]The Claimant was entitled to 1 week’s notice pay and is awarded £486 in compensation. Unauthorised Deduction from Wages – section 13 Employment Rights Act[3]The Claimant was not owed any wages for additional hours worked. This claim fails. Failure to Provide Statement of Employment Particulars – section 38 Employment Act 2002[4]The Respondent failed to provide a statement of employment particulars and the Claimant is awarded 2 week’s pay of £958. Loss of Statutory Rights[5]The Claimant was not entitled to compensation for loss of statutory rights. This claim fails. Case Number: 3347070/2016 Unreasonable Failure to Comply with ACAS Grievance Code of Practice – section 207A Trade Union & Labour Relations (Consolidation) Act 1992[6]The Respondent unreasonably failed to comply with the ACAS Grievance Code of Practice and the Claimant is awarded a 10% increase of £464.68. Costs Order - Tribunal Fees[7]The Claimant is awarded £390 in respect of Tribunal fees. Total Award[8]The total award is £2,298.68 and the Respondent is ordered to pay this sum to the Claimant. Reasons – rule 62 of Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013[9]Reasons for this judgment were given orally at the hearing. Written reasons will not be provided unless a written request is presented within 14 days of the date this judgment is sent to the parties.