Mr Mudd-Herel v Luna & Sunny Ltd: 6006469/2024
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim was issued in the East London Employment Tribunals on 23rd July 2024. The respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made of the claim, in accordance with rule 21 of the Rules of Procedure.[2]The complaint of unauthorised deductions from wages is well-founded. The respondent made an unauthorised deduction from the claimant's wages. The respondent shall pay the claimant £425. This is the gross sum deducted (£340) with 25% ACAS uplift applied (see paragraph 4). The claimant is responsible for the payment of any tax or National Insurance.[3]The complaint of unfair constructive dismissal is well-founded. The claimant was unfairly dismissed.[4]The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015 and it is just and equitable to increase:a. the unfair dismissal compensatory award and Case Number: 6006469/2024b. compensation for unauthorised deductions from wages; by 25% in accordance with s 207A Trade Union & Labour Relations (Consolidation) Act 1992.[5]In respect of the unfair dismissal claim, the respondent shall pay the claimant the following sums:(a) A basic award of £340; and(b) A compensatory award of £9,350. Note these are the sums payable to the claimant after ACAS uplift has been applied.[6]The Employment Protection (Recoupment of Benefits) Regulations 1996 do not apply.[7]The complaint of breach of contract is well-founded, but compensation for breach of contract has been set off against the compensation awarded for unfair dismissal to avoid double-compensation.[8]The total amount owed to the Claimant by the Respondent is £10,115.[9]Interest will accrue at a rate of 8% per annum on any amount of this award that remains unpaid 14 days after the date of this judgment. (See Article 3 (1) Employment Tribunals (Interest) Order 1990). This means if the whole amount remains unpaid it will accrue interest at a rate of £2.22 per day. Employment Judge Howden-Evans 9th December 2024 Note Reasons for the judgment were given orally at the hearing. Written reasons will not be provided unless a party asked for them at the hearing or a party makes a written request within 14 days of the sending of this written record of the decision.