Miss SA Holdham v Evans and Lewis Ltd: 1300990/2017
JUDGMENT
Employment Tribunals Rules of Procedure 2013 Rule 21 No Response has been presented within the requisite time limit, and on the basis of the available information before the Employment Judge: The judgment of the tribunal is: The claimant was unfairly dismissed;[2]The claim for breach of contract in respect of notice pay is upheld and I award the claimant damages in a sum to be determined by the tribunal[3]By 4pm on 9 June 2017, the claimant shall set out in writing, to the tribunal and to the respondent, full details of the remedy she is seeking; including a calculation of compensation claimed.[4]If the respondent wishes to make any submissions on the question of remedy, these shall be set out in writing to the tribunal and to the claimant by 4pm on 23 June 2017.[5]The hearing listed for 29/30 June 2017 at Stoke on Trent is cancelled.[6]Upon compliance with Paragraphs 3 & 4 above then an Employment Judge will consider the question of remedy.[1]The claimant was unfairly dismissed by the respondent.[2]The claimant was wrongfully dismissed by the respondent in breach of her contract of employment.[3]The claimant is awarded damages for breach of contract (wrongful dismissal) in the sum of £1200.[4]The claimant is awarded compensation for unfair dismissal in the sum of £3630 calculated as follows: - Basic Award: £990 Compensatory Award: - Loss of Earnings £2640 Loss of Statutory Rights £300 £2940 £2940 Total for Unfair Dismissal: £3930 TOTAL AWARD: £5130[5]The sum awarded at Paragraph 3 above has been calculated net of income tax and national insurance contributions on the basis that upon payment thereof the respondent will make an appropriate and corresponding payment to HMRC. Case Number 1300990/2017[6]The provisions of the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 (as amended) apply to this award.(a) The amount of the monetary award is £5130(b) The amount of the prescribed element is £1200(c) The dated of the period to which the prescribed element is attributable are 24 February 2017 to 23 March 2017.(d) The amount by which the monetary award exceeds the prescribed element is £3930[7]The costs awarded to the claimant by order of the tribunal on 27 September 2017 (sent to the parties on 3 October 2017) are summarily assessed in the sum of £967.80. This sum is payable to the claimant by the respondent in addition to the awards set out at Paragraphs 3 & 4 above.