Mrs S Ebsworth v Securewest International Ltd (In Voluntary Creditors Liquidation) and Casson International: 1404853/2021
JUDGMENT
[1]The claims against Casson International are dismissed on withdrawal.[2]Mrs Ebsworth was unfairly dismissed by Securewest International Limited (“Securewest”). Securewest is ordered to pay Mrs Ebsworth unfair dismissal compensation of £1,885.60. The Recoupment Regulations do not apply.[4]The claims for a redundancy payment, notice pay (breach of contract), arrears of pay and other payments are dismissed on withdrawal.[5]On Mrs Ebsworth’s claim under article 6 of the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994, Securewest is ordered to pay Mrs Ebsworth damages for breach of contract in the sum of £255.81. Case No: 1404853/2021 Schedule of calculations Unfair dismissal[2]The Tribunal finds that Mrs Ebsworth was unfairly dismissed because of a failure to consult. However, on the papers and evidence available to the Tribunal, had that consultation taken place, the dismissal would have been by reason of redundancy, would have taken place within the notice period and would have been fair.[3]Mrs Ebsworth has been paid a sum equal to her notice pay by the Redundancy Payments Service. Accordingly, no basic award is made.[4]As far as compensation is concerned, none is awarded other than in respect of the interest on a loan of £3,000 that Mrs Ebsworth was forced to take out to meet living expenses. This amounts to £1,885.60. Holiday pay[6]Mrs Ebsworth brings a contractual claim for the difference between her statutory entitlement to holiday pay and her outstanding contractual entitlement. (Mrs Ebsworth has received a sum equal to her entitlement to outstanding statutory holiday pay from the Redundancy Payments Service.) This amounts to 3 days’ pay at a net rate of £85.27. The calculation is £85.27 x 3 = £255.81.