Mrs L El Morsli v Vijay Enterprises Ltd: 1400282/2019
JUDGMENT
[1]The claimant is entitled to a statutory redundancy payment; and[2]The claimant’s claim for breach of contract succeeds in respect of her notice pay; and[3]The claimant’s claim for accrued but unpaid holiday pay; and[4]The appropriate remedy will be determined at the hearing already listed on 5 June 2019. ________________________ Employment Judge N J Roper Dated 17 April 2019 ___ Case No: 1400282/2019 1 EMPLOYMENT TRIBUNALS Claimant Mrs L El Morsli Respondent Vijay Enterprises Limited Heard at: Exeter On: 5 June 2019 Before: Employment Judge Goraj Representation Claimant: in person The Respondent: no response entered and did not attend[1]The claimant is entitled to a statutory redundancy payment in the sum of £2,630.88 as calculated in the below schedule.[2]The claimant is awarded damages of £1,408 net in respect of the claimant’s net notice pay as calculated in the below schedule which sum the respondent is ordered to pay to the claimant.[3]The respondent has made unlawful deductions in respect of the claimant’s holiday pay in the gross sum of £823.44 as calculated in the below schedule which sum the respondent is ordered to pay to the claimant.[4]The total monies awarded to the claimant in respect of the above is therefore £4,862.32 ( £2,630.88 + £1,408 + £823.44) The Schedule[1]The claimant’s redundancy payment - 4 years’ employment x 1.5 weeks x gross weekly salary of £438.48 = £2,630.88 Case No: 1400282/2019 2[2]The claimant’s notice pay – 4 weeks x £352 weekly net pay = £1,408 net.[3]Holiday pay – 1.88 weeks (0.47 x 4 months) x gross weekly pay of £438 = £ 823.44 gross ________________________ Employment Judge Goraj Date: 14 June 2019 As reasons for the Judgment were announced orally at the Hearing written reasons shall not be provided unless they are requested by a party within 14 days of the sending of this Judgment to the parties. Online publication of judgments and reasons The Employment Tribunal (ET) is required to maintain a register of all judgments and written reasons. The register must be accessible to the public. It has recently been moved online. All judgments and reasons since February 2017 are now available at: https://www.gov.uk/employmenttribunal- decisions The ET has no power to refuse to place a judgment or reasons on the online register, or to remove a judgment or reasons from the register once they have been placed there. If you consider that these documents should be anonymised in anyway prior to publication, you will need to apply to the ET for an order to that effect under Rule 50 of the ET’s Rules of Procedure. Such an application would need to be copied to all other parties for comment and it would be carefully scrutinised by a judge (where appropriate, with panel members) before deciding whether (and to what extent) anonymity should be granted to a party or a witness