Mrs L Douglas v R&D Miller Ltd (In Liquidation): 1311261/2024
JUDGMENT
The judgment of the Tribunal is as follows: Notice Pay[1]The complaint of breach of contract in relation to notice pay is well-founded.[2]The respondent shall pay the claimant £4560 as damages for breach of contract. This figure has been calculated using gross pay to reflect the likelihood that the claimant will have to pay tax on it as Post Employment Notice Pay. Holiday Pay[3]The complaint in respect of holiday pay is well-founded. The respondent was in breach of contract in failing to pay the claimant for holidays accrued but not taken on the date the claimant’s employment ended.[4]The respondent shall pay the claimant £2873.36 as damages for breach of contract. This is the net value to the claimant of the amount due. 1311261/2024 Unfair Dismissal[5]The complaint of unfair dismissal is well-founded. The claimant was unfairly dismissed.[6]The respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015 and it is just and equitable to increase the compensatory award payable to the claimant by 20% in accordance with s 207A Trade Union & Labour Relations (Consolidation) Act 1992.[7]The respondent shall pay the claimant the total sum of £19,584.76 calculated as below(a) A basic award of £8550.02(b) A compensatory award of £8550.02, plus(c) Loss of statutory rights of £500,plus(d) Loss of pension rights £145.60[8]The compensatory award is therefore £9,195,62. The 20% uplift is £1,839.12. The total compensatory award is therefore £11,037.74.[9]The figure for loss of pension rights is different to that discussed at the hearing. The period from EDT to liquidation is 7 weeks and the pension figure is £20.80 per week. £20.80 x 7 is £145.60[10]The grand total in respect of all claims is £27,08.12. Approved by: Employment Judge Taylor 03 July 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.