Case 2300455/2022 · Employment Tribunal
Ms Agniezka Lewandowska v WFM Food London Ltd — 2022
- Case reference
- 2300455/2022
- Decision date
- 5 December 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Tsamados
Parties
2 namedClaimant
Ms Agniezka Lewandowska
Respondent
Key findings
Tribunal's reasoningThe tribunal, sitting alone before Employment Judge Tsamados, found that Ms Agniezka Lewandowska was unfairly dismissed by WFM Food London Ltd. It awarded a basic award of £4,896, calculated by reference to an effective date of termination of 9 November 2021, age 50, six years' service, a multiplier of 1.5 for each year of service, and the gross weekly pay cap of £544.
On compensation for unfair dismissal, the tribunal accepted past loss of earnings from 10 November 2021 to 17 September 2022, assessed at 44 weeks at net weekly pay of £446, together with £558.36 for pension loss and £500 for loss of statutory rights. It deducted six weeks' notice pay of £2,796, then applied a 20% uplift because of the respondent's unreasonable failure to follow the ACAS Code of Practice 1 Disciplinary and Grievance Procedures (2015), producing a compensatory award of £21,463.63 and a grand total for the unfair dismissal award of £26,359.63.
The tribunal also found unauthorised deductions from wages in respect of statutory sick pay and accrued untaken annual leave. It awarded £192.69 for the statutory sick pay shortfall and £1,310.94 for 8.78 days' untaken annual leave, giving a gross award of £1,503.63 subject to tax and national insurance deductions.
The tribunal rejected the complaints it described as unpaid wages and wrongful dismissal. It also applied the Employment Protection (Recoupment of Benefits) Regulations 1996 to the unfair dismissal award, setting a prescribed element of £16,828, a relevant period from 9 November 2021 to 17 September 2022, and an excess over the prescribed element of £9,531.63, with payment of the prescribed element stayed pending any recoupment notice.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Basic award of £4,896 and compensatory award increased by 20% for failure to follow the ACAS Code; recoupment applied with prescribed element £16,828. | Upheld | — | £26,360 |
| Unlawful deduction from wages | Unauthorised deductions found for statutory sick pay of £192.69 and accrued untaken annual leave of £1,310.94. | Upheld | — | £1,504 |
| Breach of contract | Complaint in respect of unpaid wages was found to be unfounded. | Dismissed | — | — |
| Wrongful dismissal | Complaint in respect of wrongful dismissal was found to be unfounded. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £27,863
- across all upheld claims
- Basic award
- £4,896
- statutory, unfair dismissal
- Compensatory award
- £21,464
- compensatory remedy recorded
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
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