Mrs E Helsby - Donaldson v HJ Salons Ltd: 1306580/2024
JUDGMENT
On hearing from the Claimant herself and with no defence or attendance from the Respondent:[1]The Claimant was an employee of the respondent and was dismissed with a presumption of redundancy. The Respondent failed to respond to and disprove that presumption.[2]The Claimant requested a redundancy payment in writing and received no response.[3]The Claimant has over two years continuous service and her claim for a redundancy payment was in time.[4]The Claimant’s claim for a redundancy payment is well founded and succeeds. The Respondent is ordered to pay a redundancy payment of £1,155 to the Claimant. No deductions should be made from this payment.[5]The Claimant’s claims for holiday pay under regulation 30 Working Time Regulations 1998 and notice pay after a breach of her contract of employment are in time.[6]The Claimant’s claim for holiday pay is well founded and succeeds. The Respondent is ordered to pay the Claimant £660.00 gross for accrued but untaken annual leave subject to the usual PAYE deductions for income tax and employee national insurance from the payment.[7]The Claimant’s claim for notice pay after a breach of contract is well founded and succeeds. The Respondent is ordered to pay the Claimant £242.00 gross Case Number: 1306580/2024 in unpaid notice pay subject to the usual PAYE deductions for income tax and employee national insurance from the payment.[8]Total compensation awarded to the Claimant subject to usual PAYE deductions where applicable is £2,057.00.[9]If the respondent pays any notice pay or holiday pay compensation without deduction, the Claimant is requested to account to HMRC for any income tax payable and she agreed to do so.