Ms S Baugh v Jayne Haines and NAG Recycling Skip Hire Ltd: 1601499/2019
EMPLOYMENT TRIBUNALS
Case No 1601499/2019
Between
Ms S BaughClaimantJayne Haines and NAG Recycling Skip Hire LtdRespondent
Before
Employment Judge Howden-EvansIn person for claimantIn person for respondentDate 19 December 2019
JUDGMENT
In the absence of an ET3 response form from the respondent, and there being sufficient material before me to enable a proper determination to be made, I uphold the following claim(s):• Unfair Dismissal• Breach of Contract• Unpaid Wages This judgment applies to liability only. The matter will now proceed to a hearing on remedy, before an Employment Judge sitting alone, with a time estimate of one hour. I act in accordance with my powers under Rule 21 of the Employment Tribunal’s Rules of Procedure 2013. _________________________________ Employment Judge Brace Dated: 4 November 2019 JUDGMENT SENT TO THE PARTIES ON …………27 November 2019.……………. ………………………………………………. FOR THE SECRETARY OF EMPLOYMENT TRIBUNALS Case No: 1601499/2019 EMPLOYMENT TRIBUNALS Claimant: Ms S Baugh Respondent:(1) Jayne Haines(2) NAG Recycling Skip Hire Limited Heard at: Cardiff Employment Tribunal On:19th December 2019 Before: Employment Judge Howden-Evans (sitting alone) Representation Claimant: In person Respondent: (1) In person (2) In person, by Ms Haines, Director JUDGMENT ON REMEDY Judgment on Liability having been entered on 4th November 2019, by Employment Judge Brace, having considered the documents and heard submissions, the employment judge’s decision is:[1]The correct respondent is NAG Recycling Skip Hire Limited.[2]The claimant’s claims of unfair dismissal and for outstanding holiday pay are not well founded and are dismissed.[3]NAG Recycling Skip Hire Limited has dismissed Ms Baugh with insufficient notice. Ms Bowen is entitled to £214.29 compensation for breach of contract for lack of notice (notice pay). This equates to one week’s net pay (see s86 Employment Rights Act 1996).[4]In the event of this debt not being paid within 14 days of this judgment, interest will accrue on this debt, at a rate of 8% per annum on any amount of this award that remains unpaid 14 days after the date of this judgment. (See Article 3 (1) Employment Tribunals (Interest) Order 1990) Case No: 1601499/2019[5]As the respondent is due to be dissolved by voluntary strike off, it is likely Ms Baugh will face difficulty recovering this debt from the respondent. If Ms Baugh is unable to recover this debt from the respondent, she is referred to section 166(1)a Employment Rights Act 1996, which explains her right to claim payment from the National Insurance Fund.[6]The Employment Protection (Recoupment of Jobseekers Allowance & Income Support) Regulations 1996 do not apply to this award.