Izabela Bassi and Others v County West Accountancy and Taxation Services Ltd: 2206976/2017 and Others
JUDGMENT
The Employment Tribunal enters Judgment against the Respondent in default of the Respondent entering a Response to these claims. The remedy awarded to each of the Claimants is as follows: Claimant 1 - Izabela Bassi Unauthorised deductions from wages (unpaid wages) - £4,200 Damages for breach of contract (pay in lieu of notice) - £1,353.88 Statutory redundancy payment - £5,379 Claimant 2 - Joanna Wysocka Unauthorised deductions from wages (unpaid wages) - £4,192.20 Damages for breach of contract (pay in lieu of notice) - £2,082.70 Statutory redundancy payment - £6,601.50 Claimant 3 – Barbara Ptak Unauthorised deductions from wages (unpaid wages) - £3,948.88 Damages for breach of contract (pay in lieu of notice) - £2,999.97 Statutory redundancy payment - £7,335 Claimant 4 – Maira Abba Kolo Unauthorised deductions from wages (unpaid wages) - £2,834.20 Damages for breach of contract (pay in lieu of notice) - £3,461.52 Statutory redundancy payment - £5,625REASONS
[1]By a Claim Form presented to the Employment Tribunal on 27 August 2017 the Claimants made claims of unauthorised deductions from wages in respect of back pay, breach of contract in respect of notice pay, and seek a statutory redundancy payment.[2]The Respondent has ceased trading, appears to be seriously insolvent, and no Response has been entered on behalf of the Respondent.[3]All four Claimants testified before the Tribunal, verified their Claim Forms and provided documentary evidence regarding their unpaid wages.[4]Three of the four Claimants were successful in finding employment immediately following the termination of their employment on 6 April 2017 although at lower salaries. In part they mitigated their losses arising from the Respondent’s breach of contract in failing to terminate the Claimants’ employment by notice or neutralising that breach through a compensatory payment in lieu of notice.[5]The Tribunal’s calculation of remedy in respect of the Claimants’ losses is set out in the following table. Data Izabela Bassi Joanna Wysocka Barbara Ptak Maira Abba Kolo Date of birth 22-03-1978 19-02-1969 20-10-1965 30-07-1960 Date of joining December 2005 6 April 2007 6 April 2007 February 2004 Termination Date 6 April 2017 6 April 2017 6 April 2017 6 April 2017 Annual salary £28,000 £31,500 £30,000 £15,000 A week’s pay £538.46 £605.77 £576.92 £288.46 Length of service 11 years 10 years 10 years 13 years Unpaid back wages £4,200 £4,192.20 £3,948.88 £2,834.20 Statutory redundancy £5,379 £6,601.50 £7,335 £5,625 payment Pay in lieu of notice £5,923.06 £6,057.70 £5,769.20 £3,461.52 Mitigation of loss £4,569.18 £3,975 £2,769.23 0 Net Loss £1,353.88 £2,082.70 £2,999.97 £3,461.52[6]The Judgment of the Tribunal is to award the Claimants the amounts to which they are entitled as set out within the above table and specified within the above Judgment.