Mr M Flannery v Your Choice 4 Care Ltd: 1802613/2020
JUDGMENT
The claim for redundancy pay is struck out on the grounds that since the claimant was employed for fewer than two years the Tribunal has no jurisdiction to hear that claim, the claimant’s other claims may proceed. The claimant’s remaining claim(s) remains listed for hearing on 21 July 2020. Employment Judge Rostant Date: 28 May 2020 JUDGMENT SENT TO THE PARTIES ON Date: 28 May 2020 Case Number: 1802613/2020 EMPLOYMENT TRIBUNALS TELEPHONE PRELIMINARY HEARING Claimant: Mr M Flannery Respondent: Your Choice 4 Care Limited Heard at: By Telephone On: 21 July 2020 Before: Employment Judge JM Wade Representation Claimant: In person Respondent: Ms Thompson/Mr Thompson (directors) CONSENT JUDGMENT The claim for unfair dismissal is dismissed, being no longer pursued. The claimant’s remaining claims will be determined at a hearing if not otherwise resolved. Employment Judge JM Wade Date: 21 July 2020 JUDGMENT SENT TO THE PARTIES ON: 23 July 2020 Case Number: 1802613/2020 EMPLOYMENT TRIBUNALS TELEPHONE PRELIMINARY HEARING Claimant: Mr M Flannery Respondent: Your Choice 4 Care Limited Heard at: By CVP On: 4 December 2020 Before: Employment Judge JM Wade Representation Claimant: In person Respondent: Ms Thompson/Mr Thompson (directors) This has been a public hearing by CVP because of Covid 19. The parties were content the hearing be held in this way. JUDGMENT[1]The claimant’s complaint about holiday pay is dismissed, having been paid.[2]The claimant’s breach of contract complaint succeeds.[3]The claimant’s unlawful deductions of wages complaint based on entitlement to pay for 37 hours per week is dismissed.[4]I assess damages in respect of the respondent’s breaches of contract/wrongful dismissal as fifty five hours work at £8.75 = £481.25, uplifted by 25% in respect of an unreasonable failure to follow the ACAS code.[5]The respondent shall therefore pay the gross sum of £601.56 to the claimant.