Ms M Pincher v Mr T Long and Miss S Smith T/a Crowning Glory Hair Design: 1303504/2019

EMPLOYMENT TRIBUNALS

Case No 1303504/2019

Between

Ms M PincherClaimant

Mr LongRespondent

Before

Employment Judge Cookson

Dr Emms for claimant

Mr Long for respondent

Date 27 February 2020

JUDGMENT

[1]It is in the interests of justice to join Mr Long and Miss Smith to these proceedings which had previously named only Crowning Glory Hair Design which is a trading name only.

[2]The claimants’ claims for statutory redundancy pay, damages for breach of contract and for unpaid holiday pay are well founded and the respondents are ordered to pay to the claimant the following sums:a. In respect of her entitlement to a statutory redundancy payment under s 135 of the Employment Rights Act 1996, £3400.08; and

b. In respect of her entitlement to 12 weeks’ notice under s 86 of the Employment Rights Act 1996, £1700.04; and

c. In respect of her unpaid holiday entitlement under the Working Time Regulations 1998, £1586.70.

[3]In addition because these proceedings relate to jurisdictions listed under Schedule 5 of the Employment Act 2002, an award has been made to the claimant, and when proceedings were begun the respondents were in breach of their duty to the claimant under section 1(1) and 4(1) of the Employment Rights Act 1996, in accordance with s38(3)(b) of the Employment Act 2002, Case No: 1303504/2019 the award must be increased by 2 week’s pay, being an award of a further £283.34.