Mrs R Gill Tomaz Mr A E Tinum v Churrasco Ltd — 2021

The tribunal found the claimants' complaints of automatic unfair dismissal under section 99 of the Employment Rights Act 1996 well founded. It awarded the first claimant £10,956.25 net and the second claimant £13,475 net. No basic award was due for either claimant. The Recoupment Regulations were applied, with prescribed elements of £5,400 and £10,035 respectively and the balance treated as excess.

The tribunal also found pregnancy/maternity discrimination well founded. It awarded the first claimant £9,000 for injury to feelings plus £720 interest at 8%, and the second claimant £6,000 plus £480 interest at 8%.

The claimants' breach of contract claims in respect of notice were upheld, with damages of £2,200 gross for each claimant. The tribunal also found unauthorised deductions from wages, including furlough shortfalls, a period of zero wages from 1 September 2020 to the effective date of termination on 31 December 2020, and holiday accrued to that date. It awarded £7,048.55 net to the first claimant and £6,819.65 net to the second claimant. The compensatory awards were increased by 25% for the respondent's failure to follow the ACAS Code (Grievance).