Claimant v Mr H Awad T/A Moda Cuts 5 Ladies
Outcome
Individual claims
The tribunal determined at the merits hearing that the claimant was unfairly dismissed. This remedy hearing quantified the basic award at £1,026 and compensatory award at £171.
The tribunal found the respondent breached the claimant's contract by failing to pay proper notice. Two weeks' notice pay was awarded at £684.
Facts
This is a remedy hearing following a liability judgment. The claimant worked for the respondent's hairdressing business trading as Moda Cuts 5 Ladies. She was unfairly dismissed and not given proper notice. The claimant attended with a Polish interpreter and was unrepresented. The respondent was represented by a litigation consultant.
Decision
The tribunal awarded the claimant £2,565 comprising notice pay, basic award, compensatory award, and an additional two weeks' pay under Section 38 Employment Act 2002 for the respondent's failure to provide written particulars of employment.
Practical note
Employers in small businesses who fail to provide written particulars of employment face an automatic penalty of 2-4 weeks' pay under Section 38 Employment Act 2002 in addition to any substantive awards.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3314821/2022
- Decision date
- 26 February 2025
- Hearing type
- remedy
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- lay rep
Employment details
Claimant representation
- Represented
- No