Ms E Green v Town & City Leisure Ltd and Jordan Hart T/a Harts Amusements: 2400125/2020 and 2400143/2020
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The first respondent Town & City Leisure Limited is removed from the proceedings under rule 34 on the basis of the claimant’s assertion that it was not her employer.[2]The title of the second respondent is amended to Jordan Hart t/a Harts Amusements.[3]In the absence of any response form defending the claims the following claims succeed against the second respondent and Jordan Hart is ordered to pay the sums specified:(a) The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £3,874.50, of which £2,300.00 has been paid, leaving the sum of £1,574.50 to be paid by Jordan Hart.(b) The claimant was dismissed in breach of contract in respect of notice and Jordan Hart is ordered to pay damages to the claimant in the sum of £2,583.00. This is a net sum but is based on the claimant’s gross pay because it is likely that the claimant will have to pay tax on this amount as Post Employment Notice Pay. It represents 9 weeks of notice at £287 per week gross.(c) Jordan Hart made an unauthorised deduction from the claimant's wages in respect of holiday pay and is ordered to pay the claimant the gross sum of £1,033.20 representing 18 days at £57.40 per day.(d) Jordan Hart was in breach of his obligation to provide a written statement of the main terms of employment and is ordered to pay the claimant a further four weeks’ pay in the sum of £1,148.00[4]The complaint of unfair dismissal against Jordan Hart is well founded but no award is made. The basic award is extinguished by the statutory redundancy payment, and no compensatory award is made because the closure of Harts Amusements on 13 November 2019 meant that employment would have ended then in any event even if Jordan Hart had acted fairly.[5]The complaint of unauthorised deductions from pay in relation to pension contributions is dismissed. The Tribunal has no jurisdiction over such a complaint because of the decision of the Employment Appeal Tribunal in Somerset County Council v Chambers EAT/0417/12.[6]The recoupment regulations do not apply to this judgment.[7]The total amount payable to the claimant by Jordan Hart is £6,338.70.