Mrs C Fusha v D Rehman T/a Symphony Automation: 1300469/2019
JUDGMENT
The decision of the employment tribunal, reasons for which were handed down orally at the hearing, is that:[1]The claims relating to non-payment of tax and National Insurance by the employer is dismissed on withdrawal.[2]The claimant succeeds in her claim for a breach of contract in relation to non-payment of wages,[3]The claimant succeeds in her claim for a redundancy payment.[4]The claimant succeeds in her claim for failure to pay notice pay[5]The claimant succeeds in her claim for holiday pay.[6]The claimant’s does not succeed in her unfair dismissal claim, and this claim is dismissed.[7]The claimant is awarded 2 weeks gross pay for failing to provide her with a written statement of particulars. REMEDY[8]The claimant is awarded the gross sum of £3,461.53 for failure by the respondent to pay wages for the final 6 weeks of the claimant’s 10.2 Judgment - rule 61 February 2018 Case No: 1300469/2019 employment.[9]The claimant is awarded the net sum of £3,675 for her redundancy payment. This has been calculated as follows:a. The claimant worked for 6 full years for the respondent after having turned 22. This period attracts a multiplicand of 1.b. The claimant worked for 2 full years for the respondent before having turned 22. This period attracts a multiplicand of 0.5.c. The claimant’s gross salary is £576.92 per week. As this exceeds the statutory maximum weekly pay of £525, the lower figure must be applied in the redundancy calculation.d. The calculation is thus as follows: (525 x 6 x 1) + (525 x 2 x 0.5) = £3,675[10]Pursuant to s.86 the claimant is entitled to 8 weeks-notice pay. For failing to give notice of dismissal, the claimant is awarded the net sum of £3,832.23.[11]The claimant is awarded the gross sum of £1,730.77, which represents 3 weeks unpaid holiday pay.[12]The claimant is awarded the gross sum of £1,153.84 for a failure by the respondent to provide her with a written statement of particulars.[13]For the avoidance of doubt, the total award that the claimant is awarded is £13,853.37.