Ms S Godfrey v Premier Cars Bangor Ltd: 1601957/2020
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claimant was unfairly dismissed by the respondent.[2]The respondent has failed to pay redundancy entitlement to the claimant.[3]The respondent has failed to pay the claimant’s holiday entitlement.[4]The claims succeed and the remedy to which the claimant is entitled will be determined at a Remedy Hearing. Employment Judge T. Vincent Ryan _____________________________ Date: 31.12.20REASONS
[1]By a letter dated 16 August the Tribunal gave the respondent an opportunity to make representations or to request a hearing, as to why part of the response, namely discrimination arising out of a disability claim should not be struck out because• the respondent had not complied with the Order of the Tribunal paragraph 12 of the case management orders dated 30 May 2022.[2]The respondent has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing. That part of the response is therefore struck out.[3]The respondent will be entitled to notice of any hearings and decisions of the Tribunal on that part but will only be entitled to participate in any hearing to the extent permitted by the Employment Judge. _____________________________ Employment Judge S Jenkins[1]The Claimant was unfairly dismissed and is entitled to a basic award.[2]The complaint of wrongful dismissal is not well founded and is dismissed.[3]The Claimant was at the relevant times a disabled person by reason of her COPD and back pain and her dismissal was an act of discrimination arising from her disability. The complaint brought under s.15 Equality Act 2010 is well founded.[4]The claims for unpaid holiday pay succeeds and the Claimant is entitled to payment in respect of accrued unpaid holiday pay of one week’s pay.[5]The Tribunal makes an award of two weeks’ pay under s.38 Employment Act 2002. The Respondent must pay to the Claimant the sum of £3,230.76 calculated as follows Basic Award £865.38 Loss of statutory rights £500.00 Unpaid holiday pay (gross) £288.46 Injury to feelings £1,000.00 s.38 Employment Act 2022 £576.92 Total £3,230.76 Case No – 1601957/2020