Miss F Clift v SL Holmes Ltd: 1803735/2020
JUDGMENT
[1]The complaint of unfair dismissal succeeds.[2]The claimant having been dismissed by reason of redundancy was entitled to a redundancy payment. However the payment she has received to date was not calculated correctly.[3]The complaint in respect of holiday pay succeeds.[4]The claimant was wrongfully dismissed because she was given the incorrect period of notice or payment in lieu.[5]The complaint of unauthorised deduction from wages succeeds.[6]The claimant is awarded compensation as set out in the schedule below and further I declare that the remaining balance of redundancy pay to which the claimant is entitled is £448.32.[7]The sums awarded to the claimant are payable to her forthwith by the respondent. Case No: 1803735/2020(V) SCHEDULE Unfair dismissal Loss of earnings for a four week period during which a fair employer would have engaged in consultation – 4 weeks at £237.36 net = £949.44. Loss of statutory rights £500. Wrongful dismissal Damages in the amount of one weeks’ net pay for the balance of notice entitlement £237.36. Holiday pay - £237.36. Unauthorised deduction from wages (representing monies withheld on the false premise that payment was only due if expenses had been incurred) - £479.21. Redundancy pay The claimant’s correct entitlement to redundancy pay is based upon a calculation of five years’ service and a finding that gross weekly pay was £240 hence the overall entitlement is £1200 of which to date the claimant has been paid £751.68 leaving a balance due of £448.32. Employment Act 2002 section 38 A lower award of two weeks’ pay - £480. Total is £3331.69