K Deans v Agra Freeze Ltd
2300238/2021
- Decision date
- 22 Jul 2023
- Published
- 17 Nov 2023
- Country
- England and Wales
- Source
- GOV.UK
Unfair Dismissal
Unlawful Deduction from Wages
Judgment PDF (24 pages · 34 chunks)
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Case No: 2300238/2021
EMPLOYMENT TRIBUNALS Claimant: Karen Deans Respondent: Agra Freeze Limited Heard at: London South (by video) On: 26 and 27 May 2023 Before: Employment Judge Evans (sitting alone) Representation Claimant: Mr Varnam, Counsel Respondent: Ms Moss, Counsel
JUDGMENT 1) The claimant was constructively dismissed. Her claims of unfair and wrongful dismissal succeed, but a Polkey reduction of 40% is made to any compensatory award for unfair dismissal. 2) The respondent acted in breach of contract and made an unauthorised deduction from wages when it paid the claimant a bonus of £42,813.45 instead of a bonus of £58,788.45. The respondent is ordered to ...
REASONS Preamble
1. The claimant’s employment with the respondent ended by her resignation on 9 October 2020. On 20 January 2021 she presented a claim to the Tribunal. That claim was heard on 26 and 27 May 2023. There was insufficient time for deliberations and so I reserved my decision. I apologise to the parties for having taken eight weeks to reach a decision and to prepare these reasons for it. I had a Page...
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