Mrs A Webb v Tanya Tracey: 1300215/2020 and 1300213/2020
JUDGMENT
The proceedings are dismissed following a withdrawal of the claim by the claimant. Employment Judge Woffenden 30/01/2020 Case Number: 1300215/2020 and 1300213/2020 EMPLOYMENT TRIBUNALS Claimants Ms A Webb and Ms J Saunders Respondent Mrs T Tracey Heard at: Birmingham Employment Tribunal by CVP On: 24 September 2020 Before: Employment Judge Cookson (sitting alone) Appearances For the claimants: In person For the respondent: Mrs Packwood (the respondent’s daughter) JUDGMENT[1]The claimants’ claims for notice pay, statutory redundancy pay and holiday pay are upheld.[2]Mrs Webba. Mrs Webb was dismissed by reason of redundancy on 30 September 2019 and she is entitled to a statutory redundancy payment in the sum of £1,318.70.b. The respondent failed to pay Mrs Webb her statutory notice period or a payment in lieu thereof. Her net pay (based on her claim form) was £523 per month and her entitlement over a 7 week statutory notice period is £844.83. The respondent is ordered to pay Mrs Webb damages in the sum of £844.83.c. The respondent failed to pay to Mrs Webb her accrued and untaken holiday entitlement in the sum of 25 hours in the sum of £205.25. The respondent is ordered to pay to Mrs Webb the sum of £205.25.[3]Ms Saundersa. Mrs Saunders was dismissed by reason of redundancy on 30 September 2019 and she is entitled to a statutory redundancy payment in the sum of £1,530.b. The respondent failed to pay Mrs Saunders her statutory notice period or a payment in lieu thereof. Her net pay (based on her claim form) was £102 per week and her entitlement over a 10 week statutory notice period is £1,020. The respondent is ordered to pay Mrs Webb damages in the sum of £1,020. Case Number: 1300215/2020 and 1300213/2020c. The respondent failed to pay to Mrs Saunders her accrued and untaken holiday entitlement in the sum of 2.8 weeks in the sum of £284. The respondent is ordered to pay to Mrs Webb the sum of £284.REASONS
There is no reasonable prospect of the original decision being varied or revoked, because:[1]Mrs Webb’s email which I have treated as an application for a reconsideration states “.. amounts are not right I applied for 1428.00 redundancy this was worked out from the gov.uk website. I worked for my employer for 7 whole years my gross weekly wage was 136.00 week and I was 55 when I left”.[2]I ordered that the respondent make a statutory redundancy payment based on information contained in Mrs Webb’s claim form. Significantly at the final hearing she confirmed that these figures were correct. The claim form states that Mrs Webb was paid £544 gross per month. Mrs Webb has calculated weekly pay in her application for reconsideration in the basis that there are 4 weeks in a month. That is not correct. There are 52 weeks a year so there is average 4.3 weeks in a month. If Mrs Webb was paid £136 per month her monthly gross pay would have been £590.95. For this reason the claimant’s application for a reconsideration is misconceived.