Miss L Williams v Kirkby Blinds Direct Ltd: 2402255/2021

EMPLOYMENT TRIBUNALS

Case No 2402255/2021

Between

Miss L WilliamsClaimant

Kirkby Blinds Direct LtdRespondent

Before

Employment Judge Warren

Not in attendance for respondent

Date 4 July 2022

JUDGMENT

[1]The claim of sex discrimination has already been withdrawn and dismissed. The claim for redundancy is dismissed.

[3]The claimant was unfairly dismissed. Her claim succeeds.

[4]There was a failure by the claimant to mitigate her loss post dismissal, and no compensatory award will therefore be made.

[5]At the date of dismissal, the claimant had accrued 28 days of untaken unpaid annual leave for which she is entitled to be recompensed.

[6]In breach of contract, the claimant was dismissed without notice. She is entitled to 12 week’s notice pay.

[7]The claimant had at no time received a contract or terms and conditions of employment in accordance with section of the Employment Rights Act 1996. She had been employed for 16 years. She is awarded four weeks’ pay.

[8]In total, therefore, the respondent is ordered to pay the claimant the sum of £12,678 calculated in accordance with the Schedule below.

[9]The Recoupment Regulations do not apply. SCHEDULE This schedule is part of the Judgment in the above numbered case, signed by Employment Judge Warren on 4 July 2022:

[1]The effective date of termination of the claimant's employment was 14 October 2020. At that date the claimant was 58 years old and had 16 years’ complete service. She earned an average week’s pay of £295 gross and £251 net.

[2]The claimant is entitled, under the section 119 of the Employment Rights Act 1996, to a basic award of 16 x 1.5 x £295, a total of £7,080.

[3]No compensatory award is made because the claimant freely admitted on oath that she had spent the months after her dismissal caring for her dying mother and did not make immediate attempts to mitigate her loss.

[4]The claimant had at no time received any written terms and conditions of her employment and an award of four weeks’ pay is made totalling £1,180.

[5]Although the claimant was paid to the date of her dismissal, she received no notice pay and she was entitled to 12 weeks’ notice pay at £251 (net pay), being a total of £3,012.

[6]At the date of the claimant's dismissal, she had accrued 28 days’ annual leave for which she had not been paid. She had not taken any leave in that year. At a net daily rate of £50.20 the claimant is entitled to £1,406.