Miss H Edwards and Ms L Sandor v Mr J Mason and OLDMSO1351161009032023 Ltd: 2300722/2023 and 2300723/2023
JUDGMENT
The claim against this Respondent is struck out.REASONS
[1]By a letter dated 19 June 2023 the Tribunal gave the Claimants an opportunity to make representations or to request a hearing, as to why the claim against this Respondent should not be struck out because it has no reasonable prospect of success, as it does not appear that this Respondent was the Claimants’ employer and it is unclear how the claims in this matter can be pursued against him.[2]The Claimants failed to make any sufficient representations why this should not be done (given that their claims can only be brought against their employer, and not a director of the employer) or to request a hearing. The claim against this Respondent is therefore struck out.[3]The claims against the other Respondents are not affected by this judgment. Employment Judge Ramsden 27 February 2024[1]The complaints of Ms H Edwards and Ms L Sandor under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 of a failure by the respondent to comply with the requirements of section 188 of the 1992 Act are well-founded. The Tribunal orders the respondent by way of a protective award under section 189(3) of the 1992 Act to pay Ms H Edwards and Ms L Sandor who were dismissed for redundancy on 22 November 2022 remuneration for the period of 90 days beginning on that date. Wages[2]The complaints of unauthorised deductions from wages are well-founded. The respondent made unauthorised deductions from the claimants’ wages in the period 1 to 22 November 2022. Case Nos: 2300722/2023 & 2300723/2023 Page 2 of 3[3]The respondent shall pay:a. Ms H Edwards £2863.08b. Ms L Sandor £4520.56 which are the gross sums deducted. The claimants are responsible for the payment of any tax or National Insurance. Holiday Pay[4]The complaints in respect of holiday pay are well-founded. The respondent failed to pay the claimants in accordance with regulation 14(2) and/or 16(1) of the Working Time Regulations 1998.[5]The respondent shall pay: c. Ms H Edwards £913.46 d. Ms L Sandor £1298.08 which are the gross sums due. The claimants are responsible for paying any tax or National Insurance. Notice pay[6]The complaints of breach of contract in relation to notice pay are well-founded.[7]The respondent shall pay: e. Ms H Edwards £3653.84 f. Ms L Sandor £5769.24 as damages for breach of contract. These figures have been calculated using gross pay to reflect the likelihood that the claimants will have to pay tax on it as Post Employment Notice Pay.[8]The claimants acknowledge that following the termination of their employment they each received payments from the National Insurance Fund. Such payments totalled £3544.06 in the case of Ms H Edwards and £3567.84 in the case of Ms L Sandor. They understand that their ability to receive further payments from the National Insurance Fund will be affected by the payments previously made.