Ms A Vaughan v A and F Ventures Ltd: 2401008/2024
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claimant was unfairly dismissed. As compensation for unfair dismissal, the respondent is ordered to pay to her a basic award of £3282.30 and a compensatory award of £500 (loss of statutory rights).[2]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the gross sum of £3,327.24.[3]The hearing listed on 24 December 2024 is cancelled.REASONS
The respondent was required to submit its response, if it wished to defend these proceedings, by 27 March 2024. No response has been received from the respondent. The claimant’s accrued but unpaid holiday entitlement is awarded in accordance with her calculation. Compensation for unfair dismissal has been limited in circumstances where the claimant had been unfit to attend work from April 2023 and remained unfit to work as at 13 February 2024, when she presented her claim. Compensation for loss of earnings cannot be awarded in circumstances where the evidence indicates that the claimant would not have been able to work regardless of her (unfair) dismissal. There is no claim in these proceedings for any unpaid wages, whether during any period of notice or otherwise. There is no claim seeking damages for breach of contract.