Mrs L Smith and Mrs C Friend v Tony Shanley (in his capacity as executor of the estate of Catherine Shanley): 2402526/2020 and 2402727/2020
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claimants were dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimants in the following sums: Mrs Smith £4466.76 and Mrs Friend £1437.24.[2]The claimants were dismissed by reason of redundancy and are entitled to the following redundancy payments: Mrs Smith £12081.42 and Mrs Friend £4804.50.[3]The respondent has made an unlawful deduction from wages by failing to pay Mrs Smith in lieu of accrued but untaken holiday on termination of employment and is ordered to pay Mrs Smith the sum of £447.46, being the gross sum unlawfully deducted.REASONS
[1]The claimants were employed by Catherine Shanley and dismissed with effect from 31 October 2019 when Ms Shanley closed her firm. Ms Shanley died on 2 November 2019 and proceedings were brought against her estate, in the name of her executor.[2]Both claimants brought claims in respect of a statutory redundancy payment and failure to give notice of termination. Mrs Smith, in addition, brought a claim in respect of unpaid holiday pay. The respondent stated that the claims were not contested.[3]The calculation of the amounts due are as follows: Mrs Smith 18 years’ service: 5 December 2000 to 31 October 2019. Age at effective date of termination: 60. Gross weekly pay: 1939 x 12/52 = £447.46. Net weekly pay: 1613 x 12/52 = £372.23 Statutory redundancy payment: 18 x 1.5 x £447.46 = £12081.42 Damages for failure to give notice of termination: 12 x £372.23 = £4466.76. Holiday pay: 1 week’s gross pay = £447.46. Mrs Friend 25 years’ service: 1 July 1994 to 31 October 2019. Age at effective date of termination: 75. Gross weekly pay: 694 x 12/52 = £160.15. Net weekly pay: 519 x 12/52 = £119.77. Statutory redundancy payment: 20 x 1.5 x £160.15 = £4804.50. Damages for failure to give notice of termination: 12 x £119.77 = £1437.24.