Mrs T Carter v Mr M Carter T/a Independent Ground Maintenance: 1304609/2023
JUDGMENT
[1]The respondent must pay the claimant the sum of £11,320.85 in respect of her unfair dismissal. This has been calculated as follows:1.1 A basic award of £7,361.651.2 A compensatory award of £3,959.20 comprising1.2.1 £3,046.20 in respect of the respondent’s failure to pay notice. This has been calculated using gross pay to reflect the possibility that the claimant will have to pay tax on it as post employment notice pay1.2.2 £413.00 in respect of holiday accrued but not taken1.2.3 £500.00 in respect of loss of statutory rights[2]When the proceedings were begun the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars. There are no exceptional circumstances that make an award of an amount equal to two weeks’ gross pay unjust or inequitable. It is not just and equitable to make an award of an amount equal to four weeks’ gross pay. In accordance with section 38 Employment Act 2002 the respondent shall therefore pay the claimant £507.70 in this regard. For the avoidance of doubt this award is in addition to the award in paragraph 1. 1 of 2 Case Number.1304609/2023[3]The Employment Protection (Recoupment of Benefits) Regulations 1996 do not apply. Approved By: Employment Judge Connolly On: 3 June 2025 Note Reasons for the judgment were given orally at the hearing. Written reasons will not be provided unless a party asked for them at the hearing or a party makes a written request within 14 days of the sending of this written record of the decision.