Miss L Pinkney v Amico Coffee Ltd: 6009314/2024
JUDGMENT
Employment Tribunals Rules of Procedure 2024 – Rule 22[1]The complaint of unauthorised deductions from wages is well-founded. The respondent shall pay the claimant £473 which is the gross sum deducted. The respondent is responsible for the payment of any tax or National Insurance.[2]The complaint of breach of contract in relation to notice pay is well-founded. The respondent is ordered to pay the claimant the sum of £627.68 as damages for breach of contract. This figure has been calculated using gross pay to reflect the possibility that the claimant will have to pay tax on it as Post Employment Notice Pay.[3]The unfair dismissal complaint 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 the compensatory award payable to the claimant by 10% (as per the claimant’s schedule of loss) in accordance with s 207A Trade Union & Labour Relations (Consolidation) Act 1992.[5]The respondent shall pay the claimant the following sums in relation to the claim of unfair dismissal:a. a basic award of £313.84.b. A compensatory award of £2,683.21 (comprising £2,439.28 for loss of earnings and a 10% ACAS uplift of £243.93)[6]The complaint in respect of holiday pay is well-founded. The respondent made an unauthorised deduction from the claimant's wages by failing to pay the claimant for holidays accrued but not taken on the date the claimant’s employment ended. The respondent shall pay the claimant £156.64. The claimant is responsible for paying any tax or National Insurance.[7]When the proceedings were begun the respondent was in breach in its duty to provide the claimant with a written statement of employment particulars. There are no exceptional circumstances that make an award of an amount equal to two weeks’ gross pay unjust or inequitable. In accordance with section 38 Employment Act 2002 the respondent shall therefore pay the claimant £627.68.[8]The total amount payable by the respondent to the claimant under this judgment is £4,882.05.[9]The hearing listed on 23 and 24 June 2025 is cancelled. Approved by