Ms S Kiciuk v Munchkins Restaurants Ltd: 2207097/2021

EMPLOYMENT TRIBUNALS

Case No 2207097/2021

Between

Ms S KiciukClaimant

Munchkins Restaurants LimitedRespondent

Before

Employment Judge S Connolly

Ms Tokoreva (Daughter (instructed by Claimant)) for claimant

Mr Moss (Son (instructed by owner of Respondent)) for respondent

Date 26 July 2022

JUDGMENT

[1]The Claimant was unfairly dismissed by the Respondent by reason of redundancy with effect from 3 September 2021.

[2]The Respondent is ordered to pay a statutory redundancy payment to the Claimant of £10,125. This is based on the following calculation: Age: 58 years; Service: 15 years; Weekly Wage: £450.

[3]The Claimant’s wrongful dismissal claim is well founded as she was dismissed without notice. The Respondent is ordered to pay the Claimant the sum of £5,400 being the equivalent of 12 weeks’ notice as damages for that breach.

[4]The Claimant’s holiday pay claim is well founded. The claim is limited to a 2 year period pursuant to section 23(4B) of the Employment Rights Act 1996. The Respondent is ordered to pay the Claimant the sum of £5,040 in relation to 11.2 weeks (5.6 weeks per annum) accrued but untaken holiday. The Respondent is entitled to make deductions for tax and National Insurance from this sum

[5]The Claimant may apply to request a remedy hearing in relation to further remedy for unfair dismissal.

[6]This judgment has been issued following the Tribunal’s letter to the 10.2 Judgment - rule 61 February 2018 Case No: 2207097/2021 Claimant dated 21 April 2022 to which no response has been received. Should the Claimant wish to apply for reconsideration in relation to any additional claims, she should write to the Tribunal within 14 days.

[7]The hearing listed for 5 and 6 July 2022 will now not take place.

[1]The Tribunal does not have jurisdiction to hear the Claimant’s claims of unauthorised deduction from wages relating to July 2020 and November 2020 as they were not submitted within the time limit required by section 23(2) of the Employment Rights Act 1996.

[2]Following the unfair dismissal judgment in favour of the Claimant dated 23 June 2022, the Respondent is ordered to pay a compensatory award to the Claimant in the sum of £ 21,451.29. The portion amounting to £14,475 shall be made free from deductions for tax or national insurance. The Respondent shall be entitled to make statutory deductions from the balance of £6,976.29.