Ms J Hassett v Child A (Ebun Eno Amooquaye) Trustee: 2304141/2018

EMPLOYMENT TRIBUNALS

Case No 2304141/2018

Between

Ms J HassettClaimant

Child A (Ebun Eno Amooquaye) TrusteeRespondent

Before

Employment Judge Khalil sitting with members

In person for claimant

Mr Hine (instructed by Solicitor) for respondent

Date 20 April 2021

JUDGMENT

(1) The claimant is awarded an additional £321.45 in respect of underpaid Statutory Redundancy pay for the period 2 September 2012 to 5 September 2018 pursuant to S.162/163 Employment Rights Act 1996.

(2) The claimant was not an employee of the respondent pursuant to S.230 Employment Rights Act 1996 between 7 January 2008 until 2 September 2012.

(3) The claim for unfair dismissal contrary to S.94/98 Employment Rights Act 1996 succeeds because of the inadequacy of the consultation process. However, the Tribunal assessed the Polkey chance of a dismissal, had consultation been carried out properly, as 100%.

(4) The claim for age discrimination is not well founded and is dismissed. Reasons were given at the time and written reasons will not be provided unless they are asked for by a written request presented by any party within 14 days of the sending of this written record of the decision. 1 of 2 Case Number:2304141 /2018