Miss T Bailey and others v Little Paws Nursery Ltd: 1406253/2019 and others
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claims succeed and the remedy to which the claimant is entitled will be determined at a Remedy Hearing, notice of which will be sent to parties in due course. Employment Judge Rayner Date: 4 February 2020 Judgment sent to parties: 7 February 2020 FOR THE TRIBUNAL OFFICE Case Nos: 1406253/2019, 1406254/2019 , 1406255/2019 EMPLOYMENT TRIBUNALS Claimant 1) Miss T Bailey[2]Miss S Guy[3]Ms A Kerr Respondent Little Paws Nursery Ltd Heard at: Southampton On: 11th May 2020 Employment Judge: M Street Representation Claimants: in person Respondent: No attendance and not represented JUDGMENT on REMEDY Following the Judgment dated 4 February 2020 when the claimants succeeded in their claims, the Respondent is ordered to pay to the claimants the following sums. To Miss T Bailey, in respect of the sum due for the period of leave due on termination of her employment £322.20; in respect of pay due and outstanding on termination £1603; in respect of breach of contract £591.30 and in respect of unfair dismissal £4503.39, to include the maximum uplift of 25% for failure to comply with the ACAS Code of Practice in respect of Disciplinary Procedures. The total sum the Respondent is ordered to pay Miss T Bailey is £7019.89. To Miss S Guy, in respect of the sum due for the period of leave due on termination of her employment £185.90; in respect of pay due and outstanding on termination £880; in respect of breach of contract £840.16 and in respect of unfair dismissal £1694.71, to include the maximum uplift of 25% for failure to comply with the ACAS Code of Practice in respect of Disciplinary Procedures. The total sum the Respondent is ordered to pay Miss S Guy is £3600.77. Case Nos: 1406253/2019, 1406254/2019 , 1406255/2019 To Ms A Kerr, in respect of the sum due for the period of leave due on termination of her employment £293.92; in respect of pay due and outstanding on termination £1313.60; in respect of breach of contract £552.94 and in respect of unfair dismissal £4188.34, to include the maximum uplift of 25% for failure to comply with the ACAS Code of Practice in respect of Disciplinary Procedures. The total sum the Respondent is ordered to pay Ms A Kerr is £6348.80. Recoupment applies with respect to the award to Ms Kerr. This has been a remote hearing which has not been objected to by the parties. The form of remote hearing was audio (A). A face to face hearing was not held because it was not practicable and all issues could be decided in a remote hearing. The documents I was referred to were the schedules provided by each of the claimants together with extracts from contract documents and payslips. Oral evidence was taken under affirmation. Employment Judge Street Dated: 11th May 2020 Judgment was given orally. Written reasons will not be provided unless they are asked for within 14 days of the sending of the written record and will be entered on the website if issued. Recoupment (Ms Kerr only) Prescribed element £2073.45 Prescribed period 8/11/19 to 31/12/19 Grand total of all sums awarded to Ms Kerr £6348.80 Excess of grand total over prescribed element £4275.35