Ms S McMillan v Silverline Care: 8000308/2025
JUDGMENT
Rule 22 of the Employment Tribunal Procedure Rules 2024 The judgment of the Employment Tribunal is that the claimant`s complaints of(a) unfair dismissal and(b) an unauthorised deduction of wages succeed and that the respondent shall pay to the claimant: (a) In respect of the claimant`s complaint of unfair dismissal the respondent shall pay to the claimant a basic award in the sum of £3,480.00 (6 weeks x £580.00 per week) and a compensatory award of £4,686.80. (b) In respect of the claimant`s complaint of an unauthorised deduction from wages the respondent shall pay to the claimant the sum of £555.68.REASONS
[1]A copy of the claim form setting out the claimant`s complaints was sent to the respondent on 07 February 2025.[2]In accordance with the terms of rule 17 of the Employment Tribunal Procedure Rules 2024, the respondent was required to enter a response within twenty-eight days of the date on which a copy of the claim was sent to it but failed to do so.[3]The Employment Judge decided that on the available material a determination could properly be made without a hearing as to the liability of the respondent for the claim.[4]On the basis of the available material the Employment Judge decided she could properly determine remedy as follows:-(a) In respect of the claimant`s complaint of unfair dismissal the respondent shall pay to the claimant a basic award in the sum of £3,480.00 (6 weeks x £580.00 per week) and a compensatory award of £4,686.80 calculated as: past loss of wages of £3,282.00 (1 week x £474.00 per week plus 52 weeks x £54.00 per week); pension loss of £904.80 (52 weeks x £17.40 per week); and loss of statutory rights of £500.00(b) In respect of the claimant`s complaint of an unauthorised deduction from wages the respondent shall pay to the claimant the sum of £555.68 which was deducted from the claimant’s final wage.