Miss S Goodall v Smartpurse Ltd: 2300117/2022
JUDGMENT
[1]Having considered the written and documentary evidence and on having heard (by video-link) from the Claimant, witnesses for the Respondent and Counsel for the Respondent, it is the Judgment of the Tribunal that:[1]The claims, first advanced in the Claimant’s Schedule of Loss on 22 July 2022, for an award for not receiving a statement of written terms and conditions, for a compensatory award and for an ACAS uplift - that the Respondent had not followed the ACAS Code are all dismissed as they were not pleaded in her claim and there was neither an application to amend or a proper basis to allow them to proceed.[2]The claim properly before me today in respect of contractual notice pay fails. The Claimant was entitled to receive 2 months contractual notice. I find that she received that notice, was paid for that notice and was then paid a further period of notice by the Respondent in order to settle the claim. I find that she has, in fact, been paid for two weeks and 5 days more than her contractual notice required.[3]As a result of the foregoing, all claims are dismissed. Judge M Aspinall on Thursday, 18th August 2022 Note Reasons for this judgment having been given orally at the hearing, written reasons will not be provided unless they are requested - by either party - within 14 days of this notice.