In the case of Miss N Browne-Marke v NR Solicitors a paralegal was unfairly dismissed for raising a complaint that she had suffered an unauthorised deduction of wages. Her dismissal was because she had asserted a statutory right and is automatically unfair under section 104 of the Employment Rights Act 1996.
Nicolette Browne-Marke was awarded nearly £19,000 in compensation but this was reduced to £14,000 because of the statutory cap limiting damages to a year’s salary. NR Legal Solicitors was also ordered to pay her a further £1,750 in underpaid salary and unpaid holiday.
Employment Judge McLaren at the East London Tribunal Centre said the law firm – which has offices in East London and Ilford, Essex – produced little documentary evidence to support its position.
By contrast, Ms Browne-Marke, who worked for the firm from January 2019 to March 2020 and represented herself, “gave a consistent account throughout and supported her evidence with relevant contemporaneous documents”.
The judge said that, where there was a dispute – as there was on most points – she preferred the claimant’s account.
This included her claim that she was told she would be offered a training contract after three months if her performance was satisfactory.
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