Miss L Arrowsmith v Avacardy Ltd and others: 1302898/2022
JUDGMENT
[1]This remedy hearing follows the judgment on liability that was entered for the Claimant on 18 February 2023 under Rule 21 of the Employment Tribunal Rules of Procedure 2013.[2]The Claimant’s claim of breach of contract (in respect of notice pay) is well founded and the Respondent is ordered to pay the sum of £883.62 (3 weeks x £294.54 per week);[3]The Claimant’s claim of automatically unfair dismissal under section 103A and section 104 of the Employment Rights Act 1996 is well founded and succeeds and the Respondent is ordered to pay a compensatory award of £3,690.13; Case No: 1302898/2022[4]The Claimant’s claim of detriment contrary to section 47B of the Employment Rights Act 1996 is well-founded and succeeds and the Respondent is ordered to pay:(a) £2,250 in respect of injury to feelings (incorporating aggravated damages in the sum of £1,000); and(b) interest of £203.60. TOTAL COMPENSATION DUE = £7,027.35REASONS
There is no reasonable prospect of the original decision being varied or revoked, because the grounds raised by the Respondent are without foundation and vexatious. The Respondent challenges the correspondence address used by the tribunal and the lack of communication. Tribunal records show that the email and postal address used were those provided by the Respondent in the ET3 response form. The Respondent also states that the business has been closed down. It can be seen from Companies House that the 1st Respondent was dissolved on 23 May 2023, which was after liability judgment was entered against all 3 Respondents on 18 February 2023. Although the Respondent did not indicate whether the application had been copied to the other party/parties I consider that it is in the interests of justice for this requirement to be dispensed with. Case No: 1302898/2022