Miss P Semerdzhieva v 3rd Place Ltd: 6004072/2024
JUDGMENT
[1]The claimant succeeds in her complaints of unfair dismissal and wrongful dismissal.[2]The respondent accepts it owes the claimant £123.40 (gross) for holidays that had accrued and were untaken as at the date of termination of the claimant’s employment.[3]The complaints of direct and indirect sex discrimination are dismissed on being withdrawn by the claimant.[4]The complaint of unauthorised deductions from wages for a 3 week period in December 2023/January 2024 fails and is dismissed.[5]The complaint of a failure to provide written reasons fails and is dismissed. REMEDY Wrongful Dismissal The claimant was dismissed on 22 January 2024. The claimant fully mitigated her loss with effect from 18 February 2024. Her complaint of wrongful dismissal is therefore limited to a loss of 4 weeks’ pay. The parties agree that a week’s pay (gross) is £131.53. The claimant is awarded 131.53 x 4 = £512.12 This is a gross amount payable to the claimant. The claimant is responsible for any tax due on this payment. Unfair Dismissal The claimant had 10 complete years of service. The parties agree the calculation of a basic award as follows: 10 x 131.53 = £1315.30 The claimant is awarded a compensatory award (in respect of loss of statutory rights) of £500.00 Holiday Pay The parties agree that the amount owing is £123.40 This is a gross amount payable to the claimant. The claimant is responsible for any tax due on this payment. Total Payable The respondent is therefore ORDERED to pay to the claimant: £2450.82 Approved by: