Mrs K Kaur v Sikh Community and Youth Service Ltd: 1304764/2021
JUDGMENT
[1]The claim of unfair dismissal is well-founded. This means the respondent unfairly dismissed the claimant.[2]The claimant is awarded 3 weeks pay as a compensatory award in the sum of £432. The claimant worked for 16 hours per week at a rate of pay of £9 per hour. Her weekly pay was £144. The claimant’s entitlement to a basic award which would have been £2160 is reduced to nil under S 122(4) of the Employment Rights Act, because the claimant has been awarded a statutory redundancy payment below.[3]The claimant’s claim for outstanding wages for September 2021 is not wellfounded.[4]The respondent was in breach of contract by dismissing the claimant without giving sufficient notice. The Claimant is entitled to damages in respect of her remaining 7 weeks’ statutory notice together with any difference between the furlough pay she received for 3 weeks notice and her normal weekly earnings. The respondent is ordered to pay the sum of £1094.40 as damages for breach of contract (this is 7 weeks x £144 plus the difference in furlough pay received and normal pay of £86.40) Case Number: 1304764/2021[5]The respondent made an unauthorised deduction from wages by failing to pay the claimant in lieu of accrued but untaken annual leave on termination of employment and is ordered to pay the sum of £406.80 being the gross sum deducted. This is based on the claimant accrued 45.2 hours and paid at the rate of £9 per hour.[6]The Claimant was dismissed by reason of redundancy and therefore her claim for a statutory redundancy payment is well-founded. The respondent is ordered to pay the sum of £2160 as a statutory redundancy payment.