Mrs J Johnson v I Build Property Management Ltd: 1800204/2020
JUDGMENT
[1]It appears that the Respondent is a limited company and on my own initiative I substitute I Build Property Management Ltd as Respondent to this claim. The proceedings were served on the registered office of that company. I am satisfied that they have come to its attention.[2]The Claimant’s complaints of unfair dismissal, breach of contract (notice pay), unauthorised deduction from wages and for a redundancy payment are wellfounded and succeed. The Respondent shall pay her the following sums:2.1 Damages for breach of contract (failure to give 12 weeks’ notice 12 x £213.46): £2561.522.2 Basic award for unfair dismissal (14.5 x £213.46.: £3095.172.3 Redundancy payment: Nil (duplication of basic award).2.4 Compensation for unfair dismissal (weekly loss of earnings £20.53 x 52 weeks plus loss of statutory rights £250): £1317.56.2.5 Unauthorised deduction from wages (4 weeks’ wages unpaid in September 2019): £853.48.[3]The Claimant will be responsible for any tax and National Insurance.[4]On the information before me, when these proceedings were begun the Respondent was in breach of its duty to give the Claimant a written statement of employment particulars. There are not exceptional circumstances that would make it unjust or inequitable to make the minimum award of two weeks’ pay under section 38 Employment Act 2002 but there is no information to suggest it would be just and equitable to award four weeks’ pay. The Respondent must therefore pay the Claimant a further £426.92 (2 x £213.46).