Mrs E Kerr v Howard Cundey LLP: 2301757/2018
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim succeeds and the remedy to which the claimant is entitled will be determined at a Remedy Hearing.[2]The hearing listed on 23rd October 2018 is converted to a remedy hearing. _____________________________ Employment Judge M.J. Downs Date: 23rd August 2018 Case No. 2301757/2018 EMPLOYMENT TRIBUNALS Claimant: Mrs Elizabeth Kerr Respondent: Howard Cundey Llp (In Liquidation) Heard at: London South On: Tuesday, 23 October 2018 Before: Regional Employment Judge Hildebrand Representation Claimant: In Person Respondent: Did not attend A basic award £1,467.00[2]A compensatory award comprising loss to hearing date £13,537.18[3]Future loss £7,441.20[4]The total compensatory award is therefore £20,978.38[5]The total award is therefore £22,445.38[6]An ACAS award in respect of the Respondent’s failure to comply with the relevant ACAS Code of Practice is given at the maximum figure of 25% that is £5,611.34[7]The total amount to be paid by the Respondent to the Claimant is £28,056.72REASONS
[1]The Claimant was employed by the Respondent for little short of 4 years when the Respondent encountered financial difficulty and begun unilaterally reducing the pay of staff by 30%. The Claimant was not prepared to accept this reduction in pay and at the end of February 2018 accepted the Respondent’s repudiation and treated the employment as at an end. The Claimant has obtained other employment. She was without work for a period of time until the end of March and then obtained other employment at a Case No. 2301757/2018 slightly lower level of remuneration. I have accordingly made an award to her of the basic award, a compensatory award covering the period to the date of this hearing and future loss for 18 weeks at the net loss figure she has given of £400.71 per week. Her evidence which I accept is that although her employer went in to liquidation, a transfer would have allowed the employment to continue.[2]I have also made an award in respect of loss of pension and the total award therefore is £20,978.38. When added to the basic award this amounts to a total of £22,445.38.[3]The ACAS Code of Practice although, not generally applying to redundancy cases, can be considered to apply to a case where the Respondent has unilaterally breached the contract by reducing wages and accordingly an award of 25% is appropriate which in this case is £5,611.34.[4]The total award is therefore £28,056.72. This is not the case to which the recoupment regulations apply.