Miss J Forster and others v Sydney's Enterprises Ltd: 1800194/2023 and others
JUDGMENT
[1]The claimant Mr J Walker did not attend the hearing or answer a telephone call from the Tribunal on the day of the hearing. No correspondence from Mr Walker has been received by the Tribunal since his claim form. The remaining claimants (hereafter referred to as "the claimants") explained their understanding that he did not wish to pursue his claim. Accordingly his claim number 1800236/23 is dismissed.[2]The respondent did not present a response to any of the claims. The respondent did not attend the hearing, apply for written representations to be taken into account at the hearing, or answer a telephone call from the Tribunal on the day of the hearing. Accordingly the claims proceeded in the respondent's absence.[3]The claimants' complaints in respect of unpaid wages, holiday pay and notice pay were not presented within the Tribunal time limits. However, it was not reasonably practicable for them to be presented within such limits, and they were presented within a reasonable period thereafter.[4]The claimants were dismissed by reason of redundancy and Ms Ogden and Ms Holgate are entitled to a statutory redundancy payment as set out in the table.[5]The respondent was in breach of contract by dismissing the claimants without notice. The respondent is ordered to pay to the claimants the gross sums set out in the table, being damages for breach of contract. These sums are subject to applicable deductions for tax and employee national insurance contributions.[6]The respondent made unauthorised deductions from the claimants' wages and is ordered to pay to the claimants the gross sums set out in the table, in respect of the amounts unlawfully deducted. These sums are subject to applicable deductions for tax and employee national insurance contributions.[7]The claimants' complaints in respect of holiday accrued to termination of employment is upheld. The respondent is ordered to pay to the claimants the gross sums set out in the table, in respect of the amounts unpaid. These sums are subject to applicable deductions for tax and employee national insurance contributions.[8]Table of sums: Statutory Notice pay Wages Holiday pay redundancy pay 1800194/2023 - 2 weeks: £735 £315.47 Miss J Forster £270.40 1800200/2023 - 1 week: £749.77 £374.62 Mr M Warburton £160.55 1800237/2023 3 x .5 weeks: 3 weeks: £371.69 £185.71 Miss E Holgate £119.39 £238.77 1800239/2023 2 x .5 weeks: 2 weeks: £605.50 £139.65 Miss K Ogden £59.95 £119.70 1800398/2023 - 1 week: £595.98 £311.54 Miss A White £135.45 1800841/2023 - 1 week: £598.50 £64.97 Miss J Owens £138.12 2401540/2023 - 1 week: £368.60 £165.87 Miss R Goddard £73.72