Ms W Belton v Gold Cover Insurance Service Ltd: 2300423/2022
JUDGMENT
[1]The Claimant’s complaint that she was unfairly dismissed is well founded. The Respondent unfairly dismissed the Claimant. The Respondent must pay the Claimant a basic award of £1,961.52.[2]The Claimant’s complaint for breach of contract, specifically that she was constructively dismissed by the Respondent, is well founded. The Tribunal awards £326.92 gross in compensation for breach of contract. This is equivalent to the one week’s pay that the Claimant lost as the result of the summary dismissal (the Claimant was entitled to four weeks notice but mitigated her loss after one week).[3]The Tribunal would have awarded the same figure of one week’s pay in relation to unfair dismissal as a compensatory award, but has not done so to avoid double recovery with the award for breach of contract.[4]The Claimant’s complaint that she was not paid a statutory redundancy payment is not well founded and is dismissed. The Claimant was not dismissed by reason of redundancy.[5]The Claimant’s complaint that she was not paid sums due to her in relation to holiday pay is well founded. Specifically, the Claimant was not paid compensation for annual leave untaken on termination pursuant to regulation 14 of the Working Time Regulations 1998. The Tribunal awards compensation of £326.92 gross.[6]The Claimant did not receive a statement of initial employment particulars as required by s1 Employment Rights Act 1996. The Tribunal considers that it is just and equitable in all the circumstances to uplift its award by a further four weeks’ pay, being £1,307.68.[7]Where the above amounts have been ordered gross the Respondent is responsible for making the necessary payments of tax to HMRC. Case No: 2300423/2022