Mrs J Jeffery and others v Down Under Café and T Brooks: 2304829/2020

EMPLOYMENT TRIBUNALS
Case No 2304829/2020
Mrs J Jeffery & othersClaimant1) Down Under Café 2) Tracey BrooksRespondent
Employment Judge WrightNot represented for respondentDate 1 July 2021

JUDGMENT

The claim is struck out against the second respondent

REASONS

it has no reasonable prospect of success. The hearing fixed for 1/7/2021 will take place in respect of the claims against the first respondent. Employment Judge Wright Date:26/5/2021 Case No: 2304829/2020 EMPLOYMENT TRIBUNALS Claimants:(1) Jacqueline Jeffrey(2) Tania De Jager(3) Ivan Kasabov(4) Lauren Flanagan Respondent: Down Under Cafe Heard at: London South Employment Tribunal, sitting at Croydon, via CVP. On: 1st July 2021. Before: Employment Judge Apted. Representation: Claimant: self-represented. Respondent: Did no attend. Not represented. JUDGMENT The hearing has been a remote hearing which was not objected to by the parties. The form of remote hearing was video by Cloud Video Platform (CVP). A face-to-face hearing was not held because it was not practicable because of the Covid-19 virus.[1]The claimant’s claims for statutory redundancy pay and holiday pay are well founded.[2]The respondent is Ordered to pay to the first claimant statutory redundancy pay of £2,228.67. The first claimant was aged 54 when she was made redundant, she had worked for the respondent for 6 whole years and her average weekly pay was £247.63.[3]The respondent is Ordered to pay to the first claimant the gross sum of £320.97 for accrued but untaken holiday pay at the date of redundancy. The first claimant was entitled to 84.8 hours leave per year. She had taken 48 hours leave, leaving a balance at the date of redundancy of 36.8 hours. This figure multiplied by the 10.2 Judgment - rule 61 February 2018 Case No: 2304829/2020 hourly rate of £8.72, equals £320.90.[4]The respondent is Ordered to pay to the second claimant statutory redundancy pay of £1,575. The second claimant was aged 53 when she was made redundant, she had worked for the respondent for 5 whole years and her average weekly pay was £210.[5]The respondent is Ordered to pay the second claimant the gross sum of £963.56 for accrued but untaken holiday pay at the date of redundancy. The second claimant worked 6.5 hours per day at £8.72 per hour. She had 17 days accrued leave remaining at the date of redundancy, which equals £963.56.[6]The respondent is Ordered to pay to the third claimant statutory redundancy pay of £2,100. The second claimant was aged 34 when he was made redundant, he had worked for the respondent for 6 whole years and his average weekly pay was £350.[7]The respondent is Ordered to pay to the third claimant the gross sum of £880.72 for accrued but untaken holiday pay at the date of redundancy. The third claimant had 101 hours accrued but untaken leave at the date of redundancy. This multiplied by his hourly rate of £8.72, equals £880.72.[8]The respondent is Ordered to pay to the fourth claimant statutory redundancy pay of £900. The fourth claimant was aged 30 when she was made redundant, she had worked for the respondent for 6 whole years and her average weekly pay was £150.[9]The respondent is Ordered to pay the fourth claimant the gross sum of £68 for accrued but untaken holiday pay at the date of redundancy. The fourth claimant was entitled to 7.8 hours leave at the date of redundancy. This multiplied by £8.72, equals £68.