Miss C Evans v Fineline Printing & Stationery Ltd: 1602481/2020
JUDGMENT
[1]The Claimant was unfairly dismissed by reason of redundancy, due to the failure by the Respondent to apply a reasonable consultation process. However, had such a process been operated, the dismissal would have ensued fairly a short time later.[2]The Claimant is entitled to a redundancy payment of £2,833.99, and the Respondent is ordered to pay the Claimant that sum.[3]The Respondent is ordered to pay the Claimant a compensatory award for unfair dismissal of £1,076.58, made up of two weeks’ net pay of £288.29 per week, and £500 for loss of statutory rights.[4]The Respondent is ordered to pay the Claimant the gross sum of £700.14 in respect of accrued but untaken holiday.[5]The Respondent is ordered to pay the Claimant the sum of £666.48, pursuant to section 38 of the Employment Act 2002, on the basis that it failed to give the Claimant a written statement of employment particulars.[6]In total therefore, the Respondent is ordered to pay the Claimant the sum of £5,277.19. However, the Claimant accepted that she was overpaid by the Respondent in the sum of £439.31, which leaves a sum of £4,837.88 to be paid.