Mrs L Skinner v Autosparx Ltd: 2400536/2022
JUDGMENT
[1]The claimant’s claim of unfair dismissal under Part X of the Employment Rights Act 1996 (“the Act”) was well-founded and succeeded. The claimant was unfairly dismissed contrary to Section 94 of the Act because the respondent failed to prove that the claimant was dismissed as part of a genuine redundancy exercise and therefore failed to satisfy the Tribunal that the dismissal was for a fair reason in accordance with Section 98(2) of the Act.[2]The respondent is ordered to pay the claimant a compensatory award in the net sum of £1921.85. The recoupment regulations do not apply because the claimant was not in receipt of state benefits.[3]No basic award is due as a redundancy payment was made to the claimant for the same amount as the basic award that would otherwise have been due to the claimant.[4]The claimant’s claims of unfair dismissal under Sections 100(1) and 101A(1) were unfounded and were dismissed.[5]The claimant’s claim of direct disability discrimination was unfounded and was dismissed.[6]The claimant’s claims of an unlawful deduction from wages relating to 8-hours of holiday pay, for time off in lieu not taken, and for 6-weeks’ notice pay, were each dismissed on withdrawal by the claimant, her consent having been given to this course of action at the hearing.[7]The claimant’s claim for unpaid wages relating to payments made by the respondent to the claimant in relation to her private motor car were unfounded and were dismissed. Judge Cowx 21 September 2023