Ms K Leather v Confident Futures Ltd and On Power Business Energy Ltd (In Creditors Voluntary Liquidation): 2401355/2024 and 2401547/2024 Ms K Leather v Confident Futures Ltd and On Power Business Energy Ltd (In Creditors Voluntary Liquidation): 2401355/2024 and 2401547/2024
JUDGMENT
[1]The Claimant was not an employee of the First Respondent for the purposes of section 230 of the Employment Rights Act 1996.[2]The Claimant was an employee of the Second Respondent for the purposes of section 230 of the Employment Rights Act 1996.[3]The Claimant’s claim against the First Respondent for unfair dismissal is illfounded and is dismissed.[4]The Claimant’s claim against the Second Respondent for unfair dismissal is well-founded and succeeds.[5]A deduction has been applied under the principles of Polkey v AE Dayton Services Limited to reflect when the Claimant would have been fairly dismissed due to the liquidation of the Second Respondent.[6]The Second Respondent has made an unlawful deduction from the claimant's wages and is ordered to pay to the claimant the gross sum of £560.00 in respect of the amount unlawfully deducted.[7]The respondent is ordered to pay the claimant the total sum of £6900.00. This is calculated as set out below.[8]The recoupment regulations do not apply. Calculation of Remedy Award for unfair dismissal Calculation of Award Basic Award: £21001 Compensatory Award: Loss of earnings: £4240.002 No loss of statutory rights or future losses awarded as Claimant would have been dismissed fairly in any event. Total: £4240.00 Total (basic award + compensatory award) £6,340.00 Award for unlawful deduction from wages Unpaid holiday pay Leave accrued from 1 January 2024 – 26 February 2024): 4 days: £560. Total award: £6900.00[1]This figure has been reduced from the figure given in the Final Hearing to reflect a working period in whole years, namely, of 2 years.[2]This figure includes the sum that would have been payable as notice pay.