Miss C Smith v Testerworld Ltd (in administration): 1401628/2022
JUDGMENT
[1]The Claimant’s claim for statutory redundancy pay is dismissed on withdrawal.[2]The Claimant’s claim for wrongful dismissal succeeds. The Claimant was entitled to notice pay of £3,000.93 gross (being 3 weeks at 1000.31 per week). The Claimant has received notice pay of £1,867.00 gross from the Insolvency Service. She is owed the balance of £1,133.93. The Respondent is therefore Ordered to pay the Claimant her outstanding notice pay of £1,133.93 gross.[3]The Claimant has been paid all outstanding holiday pay by the Insolvency Service. Accordingly her claim for holiday pay fails and is dismissed.[4]The Claimant’s claim for unlawful deductions in respect of commission and bonus payments succeeds. The Respondent is Ordered to pay to the Claimant the sum of £583.12 gross.[5]The Tribunal declares that the complaint that the Respondent failed to comply with a requirement of section 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 succeeds and makes a protective award in respect of the Claimant. The Respondent is Ordered to pay the Claimant £11,836.00, being remuneration for the protected period of 90 days from 9 May 2022 (the date of dismissal by reason of redundancy).