Ms K Jenkins v Lowan’s (Wales) Ltd: 1601735/2021
JUDGMENT
[1]The name of the Respondent is changed to Club Lenox Limited. This is the same company (08142236) but the name was changed on 7 September 2022.[2]The Claimant was dismissed by the Respondent on 30 July 2021. The reason for dismissal was redundancy. The Claimant was entitled to receive a statutory redundancy payment but this was not paid to the Claimant by the Respondent. The Claimant’s claim for a statutory redundancy payment succeeds. The Claimant’s average weekly pay was £222.75. At the time of her dismissal the Claimant was 66 years’ old and she had 14 years’ continuous service. The Respondent is ordered to pay the Claimant a statutory redundancy payment in the sum of £4,677.75.[3]The Claimant’s claim for unfair dismissal succeeds. The Claimant’s basic award would be £4,677.75. I have already ordered that the Respondent pay the Claimant a statutory redundancy payment so in accordance with section 122(4) Employment Rights Act 1996 the basic award is reduced to nil. I found that had the Respondent followed a fair procedure the Claimant 10.2 Judgment - rule 61 Case No: 1601735/2021 would probably have been fairly dismissed by reason of redundancy in any event. I award compensation of 2 weeks’ pay for loss of earnings (£445.50) and the sum of £500.00 for loss of statutory rights. The total compensation awarded is £945.50[4]The Claimant’s claim for holiday pay succeeds. The Respondent is ordered to pay the Claimant the sum of £1,492.43 as compensation for accrued but untaken holiday pay. This equates to 33.5 days’ accrued annual leave at a daily rate of £44.55.[5]The Claimant was dismissed without notice. The Claimant’s claim for notice pay succeeds and the Respondent is ordered to pay the Claimant the sum of £2,673.00 as compensation. This equates to 12 weeks’ pay at a rate of £222.75 per week.[6]The total compensation the Respondent is ordered to pay the Claimant is £9,788.68.