Ms M Onisko v Wilson Associates London Ltd: 2201206/2021
JUDGMENT
[1]The claimant is given permission to amend her claim to allow her to claim in respect of matters that post-date the presentation of her claim, up to her deemed dismissal on 16 April 2021.[2]By failing to provide her with work, closing its workplace and continuing to fail to pay her, the respondent acted in a manner incompatible with the continued relationship of employer and employee and therefore wrongfully terminated the claimant’s contract of employment on 16 April 2021. This dismissal was by reason of redundancy.[3]The claimant is entitled to be paid a statutory redundancy payment of £1076.[4]The respondent was in breach of contract by dismissing the claimant without notice and is award to pay her the sum of £5000 (gross sum) being damages for breach of contract.[5]The claimant had accrued but untaken holiday of 9.5 days at the time of her dismissal on 16 April 2021 for which she was not paid. The respondent is to pay the claimant £2500.02 (gross) in respect of this.[6]The respondent made unauthorised deductions from the claimant’s wages by failing to pay her February, March and April (up to 16 April) 2021 salary, and is ordered to pay her £12,307.69 in respect of the amount unlawfully deducted.[7]Total amount due from respondent to claimant £20,883.71. 10.2 Judgment - rule 61 February 2018 Case No: 2201206/2021