Ms Wilson and others v Elliot House Ltd: 2300624/2022 and Others (see schedule)

EMPLOYMENT TRIBUNALS

Case No 2300624/2022

Between

Ms Wilson and othersClaimant

Elliot House LtdRespondent

Before

Employment Judge Dyal

Not represented for respondent

Date 9 September 2022

JUDGMENT

[1]All Claimants save for Amanda Humphreys and Amy Goldsmith were unfairly dismissed contrary to ss.94 and 98 Employment Rights Act 1996;

[2]All Claimants save for Amanda Humphreys and Amy Goldsmith are entitled to a statutory redundancy payment.

[3]Amy Goldsmith’s claim of unfair dismissal and claim for a statutory redundancy payment are dismissed upon withdrawal.

[4]In breach of s.188A Trade Union and Labour Relations (Consolidation) Act 1992 the Respondent failed to arrange elections for employee representatives. All Claimants are entitled to a protective award pursuant to s.189 Trade Union and Labour Relations (Consolidation) Act 1992.

[5]All Claimants were wrongfully dismissed in breach of contract and are entitled to notice pay;

[6]All Claimants’ claims for payment in lieu of accrued but untaken holiday pursuant to regulation 15 Working Time Regulations 1998 succeed;

[7]The Respondent breached each Claimant’s contract of employment by failing to make employers’ pension contributions to the occupational pension scheme provider from April 2020 until the effective date of termination;

[8]The Respondent made deductions from each Claimants’ wages on account of employee pension contributions but in breach of each Claimant contract of employment failed to pass the sums deducted to the occupational pension scheme provider in the period April 2020 until the effective date of termination;

[9]The Respondent made unauthorized deductions each Claimants’ pay in the pay period that ended with payment on 26 November 2021.

[10]The Respondent made unauthorized deductions from wages by failing to pay Ms. Rabbits Statutory Maternity Pay.

[11]The Respondent failed to provide Ms. Rabbits with written statement of reasons for dismissal contrary to s.92(4) Employment Rights Act 1996.

[12]In breach of s.8 Employment Rights Act 1996 the Respondent failed to give each Claimant an itemised pay statement in respect of the pay period ending on 26 November 2021. The particulars that such a statement ought to have contained are to be determined.

[13]The Respondent failed to provide Ms. Goldsmith and Ms. Humphreys a statement of written particulars of employment contrary to s.1 Employment Rights Act 1996

[14]Remedy in relation to all matters to be determined. Schedule of Claimants Case Number Parties Claimant -v- Respondent 2300624/2022 Michelle Wilson Elliott House Limited 2300625/2022 Sarah Lewis Elliott House Limited 2300626/2022 Sarah Keam Elliott House Limited 2300627/2022 Yvonne Yeoman Elliott House Limited 2300628/2022 Danielle Swain Elliott House Limited 2300629/2022 Louise Mathias Elliott House Limited 2300630/2022 Siobhan Edwards Elliott House Limited 2300631/2022 Sarah Cooper Elliott House Limited 2300633/2022 Jacquelyn Gray Elliott House Limited 2300634/2022 Jody Rabbitts Elliott House Limited 2300635/2022 Lee Harman Elliott House Limited 2300636/2022 Louise Barber Elliott House Limited 2300637/2022 Kirsty Street Elliott House Limited 2300639/2022 Elkie Williams Elliott House Limited 2300640/2022 Michael Lee Elliott House Limited 2300641/2022 Hazel Schofield Elliott House Limited 2300642/2022 Amy Goldsmith Elliott House Limited 2300643/2022 Bonita Brazier Elliott House Limited 2300644/2022 Donna Haughton Elliott House Limited 2300523/2022 Amanda Humphreys Elliott House Limited 2300524/2022 Hayleigh Goldfinch Elliott House Limited 2300645/2022 Andrew Huttley Elliott House Limited