Miss E McDonald v Ms P Johnson T/a Petra Health and Fitness: 3400354/2015
JUDGMENT
[1]The Judgment of the Tribunal is that; i) The Respondent made unauthorised deductions from the Claimant’s wages. ii) The Respondent unfairly dismissed the Claimant. iii) There was a fifty percent chance that the Claimant’s employment would have terminated in any event, by way of a fair dismissal or a resignation. iv) The Respondent wrongfully summarily dismissed the Claimant. v) The Respondent failed to give to the Claimant a written statement of changes to her particulars of employment. vi) The Respondent is ordered to pay the Claimant the agreed sum £5025.92 in respect of compensation. For a breakdown of this figure, see Schedule 1. Case Number: 3400354/2015 vii) Three further claims by the Claimant have been agreed and paid by the Respondent. See Schedule 2. viii) The Claimant’s application for costs is refused. Schedule 1[2]The compensation to be paid to the Claimant by the Respondent is broken down as follows: Unpaid Wages £2555.79 Pay in Lieu of Notice, 5 weeks. £1072.70 Basic Award £536.35 Compensatory Award – Loss of Earnings £210.00 Compensatory Award – Loss of Statutory Rights £150.00 ACAS uplift £72.00 2 weeks pay for no written statement £429.08 TOTAL £5025.92 Schedule 2[3]The Respondent has already paid the following sums to the Claimant: Back pay following 2012 investigation £395.35 Wages for week in hand and final 2 days of £270.00 employment Over-deduction for Income Tax and National Insurance £474.70 TOTAL £1140.05