C Reeves and Others v K Smith T/a St Peter’s Playgroup: 2303036/2024 and Others
JUDGMENT
Miss Carly Reeves (lead claimant) Case number: 2303036/2024 Notice pay[1]The Claimant was dismissed in breach of contract in respect of notice and the Respondent is ordered to pay damages to her in the gross sum of £3280.50. This figure has been calculated using gross pay to reflect the likelihood that the claimant will have to pay tax on it as Post Employment Notice Pay. Holiday pay[2]The respondent has made an unauthorised deduction from the Claimant’s wages and is ordered to pay her the gross sum of £82.01 in respect of holiday pay. The claimant shall be responsible for the payment of any Tax or National Insurance.[3]The claim for holiday pay under the Working Time Regulations in relation to historic holiday pay for the 2 years preceding dismissal fails and is dismissed. Case No: 2303036/2024 2303037/2024 2303038/2024 2303039/2024 & 2303040/2024 10.1 Judgment – no hearing - rule 60 February 2018 Unfair dismissal/Redundancy payment[4]The claim of unfair dismissal succeeds.[5]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £4592.70 under s.163 Employment Rights Act 1996.[6]There is a 100 per cent chance that the claimant would have been fairly dismissed in any event. Miss Millie Rae Tabi Claim number: 2303037/2024 Notice pay[7]The Claimant was dismissed in breach of contract in respect of notice and the Respondent is ordered to pay damages to her in the gross sum of £375.12. This figure has been calculated using gross pay to reflect the likelihood that the claimant will have to pay tax on it as Post Employment Notice Pay. Holiday Pay[8]The respondent has made an unauthorised deduction from the Claimant’s wages and is ordered to pay her the gross sum of £46.89 in relation to holiday pay. The claimant shall be responsible for the payment of any Tax or National Insurance.[9]The claim for holiday pay under the Working Time Regulations in relation to historic holiday pay for the 2 years preceding dismissal fails and is dismissed. Unfair dismissal/Redundancy payment[10]The claim of unfair dismissal fails, the claimant did not have 2 years’ continuous service at the time of her dismissal.[11]The claim for a redundancy payment fails, the claimant did not have 2 years’ continuous service at the time of her dismissal. Miss Tammy McGow Case number: 2303038/2024 Notice pay Case No: 2303036/2024 2303037/2024 2303038/2024 2303039/2024 & 2303040/2024 10.1 Judgment – no hearing - rule 60 February 2018[12]The Claimant was dismissed in breach of contract in respect of notice and the Respondent is ordered to pay damages to her in the gross sum of £1547.37. This figure has been calculated using gross pay to reflect the likelihood that the claimant will have to pay tax on it as Post Employment Notice Pay. Holiday pay[13]The respondent has made an unauthorised deduction from the Claimant’s wages and is ordered to pay her the gross sum of £42.98 in relation to holiday pay. The claimant shall be responsible for the payment of any Tax or National Insurance.[14]The claim for holiday pay under the Working Time Regulations in relation to historic holiday pay for the 2 years preceding dismissal fails and is dismissed. Unfair dismissal/redundancy payment[15]The claim of unfair dismissal succeeds.[16]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £2063.70 under s.163 Employment Rights Act 1996. Miss Hannah Ford Case number: 2303039/2024 Notice pay[17]The Claimant was dismissed in breach of contract in respect of notice and the Respondent is ordered to pay damages to her in the gross sum of £333.44. This figure has been calculated using gross pay to reflect the likelihood that the claimant will have to pay tax on it as Post Employment Notice Pay. Holiday pay[18]The respondent has made an unauthorised deduction from the Claimant’s wages and is ordered to pay her the gross sum of £41.68 in relation to holiday pay. The claimant shall be responsible for the payment of any Tax or National Insurance.[19]The claim for holiday pay under the Working Time Regulations in relation to historic holiday pay for the 2 years preceding dismissal fails and is dismissed. Unfair dismissal[20]The claim of unfair dismissal succeeds.[21]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £333.44 under s.163 Employment Rights Act 1996. Case No: 2303036/2024 2303037/2024 2303038/2024 2303039/2024 & 2303040/2024 10.1 Judgment – no hearing - rule 60 February 2018 Miss Joanne Hughes Case number: 2303040/2024 Notice pay[22]The Claimant was dismissed in breach of contract in respect of notice and the Respondent is ordered to pay damages to her in the gross sum of £1719.30. This figure has been calculated using gross pay to reflect the likelihood that the claimant will have to pay tax on it as Post Employment Notice Pay. Holiday pay[23]The respondent has made an unauthorised deduction from the Claimant’s wages and is ordered to pay her the gross sum of £42.98 in relation to holiday pay. The claimant shall be responsible for the payment of any Tax or National Insurance.[24]The claim for holiday pay under the Working Time Regulations in relation to historic holiday pay for the 2 years preceding dismissal fails and is dismissed. Unfair dismissal/redundancy payment.[25]The claim of unfair dismissal succeeds.[26]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £2664.91 under s.163 Employment Rights Act 1996. _____________________________ Employment Judge Bowen (approved judgment) Date _25.4.2025_________________________ Note Oral reasons were provided at the hearing. Written reasons will not be provided unless a written request is presented by either party within 14 days of the sending of this written record of the decision.