Mrs J Nicholls and others v A L Patel Ltd and Mrs LK Prajapati: 1305160/2021
JUDGMENT
[1]The respondents failed to attend or be represented at the Hearing. The Tribunal considered the information in its possession and decided to proceed in their absence.[2]The claimants’ claims against the second respondent fail and are dismissed.[3]The claimants’ claims for holiday pay for annual leave accrued but not taken as at the date of dismissal are dismissed on withdrawal by the claimants.[4]The claimants were dismissed in breach of contract in respect of notice and the first respondent is ordered to pay damages as follows: Mrs J Nicholls in the sum of £1911.25 (11 x £173.75) Mrs S Wootton in the sum of £1617.11 ( 11 x £ 147.01 ) Mrs L Phillips in the sum of £534.60 (4 x £133.65)[5]The claimants were dismissed by reason of redundancy and are entitled to a redundancy payment from the first respondent as follows: Mrs J Nicholls in the sum of £2866.87 Mrs S Wootton in the sum of £2425.66 Mrs L Phillips in the sum of £1002.37.[6]The tribunal makes an award of an amount equal to 2 weeks’ pay to be paid to the claimants by the first respondent under section 38 (2) Employment Act 2002 as follows: Mrs J Nicholls in the sum of £347.50 Mrs S Wootton in the sum of £294.02 Mrs L Phillips in the sum of £ 267.30. 10.2 Judgment - rule 61 February 2018 Case No: 1305160/2021