Mrs C Parris v Mr S Boghani and Dr SH Sachedina t/a Alpha Care — 2019

Mrs C Parris was employed by the respondents from 3 June 1998 until her dismissal with effect from 2 November 2016. The respondents admitted unfair dismissal and wrongful dismissal on 28 January 2019. At the hearing, the tribunal also refused a late amendment to add a protected disclosure detriment claim, applying Selkent Bus Co v Moore, because it was a new and lengthy claim raised very late and would have delayed the remedy hearing.

On the wages complaint, the tribunal applied s.23 ERA 1996 and s.207B ERA 1996 and rejected the argument that the alleged underpayments formed a series of deductions or that it had not been reasonably practicable to bring the claim in time. Deductions from June 2015 to August 2016 were held out of time. The tribunal accepted an underpayment on 21 October 2016 and the underpayment in the final payslip, but did not accept the holiday pay argument. It ordered payment of £237.90 gross for unauthorised deductions.

On wrongful dismissal, the tribunal rejected the submission that the payment described as 'ex gratia' in the ET3 was not notice pay. It found that the payment made on termination was intended as pay in lieu of notice, and the remaining wrongful dismissal sum was the agreed pension contribution figure of £90.24. The unfair dismissal remedy was agreed at a basic award of £12,214.50 and a compensatory award of £50,045.16, with no recoupment because the claimant had not received income-related benefits. The tribunal also refused reinstatement or re-engagement under ss.112-116 ERA 1996, finding it would not be practicable because of the lack of trust and confidence between the parties, the ongoing litigation, and the fact that the respondents had engaged a permanent replacement. The complaint about a written statement of reasons for dismissal failed because the dismissal letters satisfied s.92 ERA 1996, and the tribunal declined to order a penalty under s.12A Employment Tribunals Act 1996.