Mrs D Hogan v Sandersons Property Management Ltd: 2305148/2023
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claim was issued in the London South Employment Tribunals on 26 September 2023;[2]The Respondent has failed to present a valid response on time on the expiry of the time limit in Rule 16 of the Employment Tribunals Rules of Procedure 2013 (the ET Rules);[3]The Employment Judge has decided, following a brief hearing, that pursuant to Rule 21(2) of the ET Rules a determination can properly be made of the claim, or part of it, on the available material, and finds the Claimant’s claims: a) Of unfair dismissal under section 98 of the Employment Rights Act 1996 (the 1996 Act); and b) That the employer unreasonably failed to provide a written statement under section 92 of the 1996 Act, are well-founded; and[4]The Claimant is awarded damages in the sum of £12,033.09, comprising: a) £11,438.93 for unfair dismissal, in turn comprising:(i) A basic award of £0, because the Respondent has already paid the Claimant statutory redundancy pay (section 122(4) of the 1996 Act);(ii) A compensatory award of £11,438.93, calculated as followed: (I) The statutory cap on unfair dismissal compensatory awards in the Claimant’s case is 52 weeks’ pay, i.e., £297.08 x 52, being £15,448.16; (II) The Claimant received payment in lieu of her four-week notice period, amounting to £1,188.32 net; 1 of 2 Case Number: 2305148/2023(iii) (III) The Claimant worked:• for a two week period, 16 to 31 October 2023, and earned £1,184.66 net for that work; and• for the period 27 November 2023 to 11 January 2024, and earned £2,136.25 net for that work; and(iv) (IV) The Claimant is awarded compensation for loss of her statutory rights of £500, and so the aggregate total of the Claimant’s compensatory award is therefore £11,438.93; b) £594.16 by way of damages for the Respondent’s unreasonable failure to provide the Claimant with a written statement giving particulars of the reasons for the employee’s dismissal, following the Claimant’s request for such a statement. The Respondent is therefore ordered to pay the Claimant a sum equal to two weeks’ pay, which amounts to 2 x £297.08, i.e., £594.16.[5]For the purposes of the Employment Protection (Recoupment of Benefits) Regulations 1996: a) the Prescribed Period is 17 June 2023 to 5 February 2024, being the date following the Claimant’s last day of employment with the Respondent to the date of the hearing; and b) the Prescribed Element is £5,517.20 (being the portion of the Claimant’s compensatory award relating to loss of earnings in the period 17 June 2023 to the date of this hearing).