Mrs P Boonpheng v J Line Hospitality T/a Lemongrass: 2303616/2023
JUDGMENT
[1]The Claimant was automatically unfairly dismissed, the Respondent having not shown a potentially fair reason for her dismissal;[2]The Claimant was not given notice of her dismissal;[3]The Claimant was not paid her accrued but untaken annual leave;[4]The Respondent did not make payment of any pension contributions to the Claimant’s Nest workplace pension scheme for the period 15 September 2022 until 4 May 2023. Remedy The Respondent must pay the Claimant the following amounts of compensation/damages: Page 1 of 3 Unfair dismissal Basic Award 1. Based on 3 complete years of service (from start date of 19 July 2019 to the effective date of dismissal of 4 May 2023), aged 66 (DOB 03/11/1956), gross weekly pay of £502 and a multiplier of 1.35. 2. 3 x 1.5 x £502 = £2,259. Compensatory Award Past loss of earnings 3. I award past loss of earning from 5 May 2023 (the day after the date of dismissal) to 9 January 2024 (the date of this hearing), a period of 35.5 weeks but discounting 4 weeks given the separate award of damages of failure to give notice and based on net weekly pay of £497.92. 4. 31.5 x £497.92 = £15,684.48.[5]Less earnings from new employment from 2 June 2023 to 9 January 2024 at £248 per week net, a period of 31 weeks. 6. 31 x £248 = £7,688. 7. £15,684.48 less £7,688 = £7,996.48. Pension loss[8]The Claimant had a Nest workplace pension scheme to which she contributed 5% of her gross weekly pay and the Respondent contributed 3% of her gross weekly pay (a combined total of 8%). I therefore award pension loss for the period of 35.5 weeks at 8% of her gross weekly pay. 9. 8% of £502 x 35.5 = £1425.68 Loss of statutory rights[10]£500 Future loss[11]The Claimant has been working part-time since 2 June 2023. She decided to work part-time in view of her age. I determined in the circumstances that it was not appropriate to make any award for future loss. Total award for unfair dismissal[12]The total award of compensation for unfair dismissal is £2,259 + £7,996.48 + £1425.68 + £500 = £12,181.16. Page 2 of 3 Notice pay[13]The Claimant was entitled to 4 weeks’ notice of dismissal. She was dismissed on 4 May 2023 without notice. I therefore award her damages of 4 x £502 gross weekly pay = £2,008. Holiday pay[14]The Claimant was entitled to 5 weeks’ annual leave per year, which the Respondent paid as 1 weeks’ pay every 10 weeks. She last received holiday pay on 5 April 2023 and calculates that she had worked 7 weeks beyond that date by the time of her dismissal. I therefore award her 70% of £502 gross weekly pay as her outstanding entitlement to accrued annual leave = £351.40. Pension contributions[15]The Respondent did not make over the pension contributions it deducted from the Claimant’s wages to the Nest workplace pension scheme from 15 September 2022 to 4 May 2023. This is a period of 33 weeks. I therefore award her damages of £1325.28 (33 x 8% of £502 gross weekly pay). Grand total[16]The total award of compensation/damages is £15,865.94.