Ms H Wesley v Rayhome Ltd: 2401580/2022
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rules 21 and 37[1]The respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made of the claim, in accordance with rule 21 of the Rules of Procedure.[2]The claimant was dismissed by reason of redundancy on 18 January 2022. She is entitled to a redundancy payment. At the time of her dismissal she had 17 complete years of service, under the age of 41. Her gross weekly pay was £576.92. She is therefore entitled to a redundancy payment of: 17 x £544.00 (the relevant cap) : £9248.00 which sum the respondent is ordered to pay to the claimant.[3]The claimant was dismissed without notice, and was entitled to 12 weeks notice. At £576.92 per week , £462.38 net, she was entitled to receive the net sum of £5548.56. During the notice period, however, she earned £1808.08, making her net loss £3740.48, which sum the respondent is ordered to pay the claimant as notice pay. This is a net sum , and no deductions should be made from it.[4]The respondent has made unauthorised deductions from the claimant's wages: a) The respondent failed to pay the claimant for November and December 2021, and up until the date that her employment ended on 18 January 2022. 10.66 weeks at £462.38 net : £4928.97 This is a net sum, which the respondent is ordered to pay the claimant , with no further deductions. b) The respondent deducted from the claimant employee’s pension contributions, but failed to account for them to the employee’s pension provider, and thereby made unlawful deductions from her wages. The deductions were at the rate of £47.50 per month, over a period of 46 months. 46 x £47.50 : £2185.00 This is a gross sum , which the respondent is ordered to pay the claimant, but is not to be subject to any further deductions for tax and national insurance as the deductions were made from the claimant’s gross wages.[5]The respondent failed to pay the claimant pay in lieu of unused holiday entitlement upon the termination of her employment, in respect of 1.4 days, at the rate of £462.38 net per week, for a 5 day week, the net sum of £129.46, which sum the respondent is ordered to pay to the claimant without further deduction.[6]Whilst the claimant was unfairly dismissed, as she is receiving a redundancy payment, she cannot also receive a basic award, which is calculated in the same sum. As the Tribunal is satisfied that the claimant would have been dismissed in any event , given the closure of the respondent, on 18 January 2022 , it would not be just and equitable to make any compensatory award.[7]The Tribunal’s awards are accordingly: Redundancy payment £9248.00 Notice pay £3740.48 Unlawful deductions a) £4928.97 Unlawful deductions b) £2185.00 Holiday Pay £ 129.46 Total: £20,231.91