Mrs J Payne v The estate of Sharon Stead, deceased: 2403016/2017

EMPLOYMENT TRIBUNALS

Case No 2403016/2017

Between

Mrs J PayneClaimant

The estate of Sharon Stead, deceasedRespondent

Before

Employment Judge Parkin Date

Date 14 August 2017

JUDGMENT

Employment Tribunals Rules of Procedure 2013 – Rule 21

[1]The claimant’s employment by Sharon Stead ended by frustration upon the death of Sharon Stead on 30 December 2016 and no response has been presented to this claim by the estate.

[2]Applying Section 136(5) of the Employment Rights Act 1996, the claimant is treated as having been dismissed by reason of redundancy and is entitled to a redundancy payment of £5029.50, representing 7 years’ continuous employment all when aged over 41 years at the relevant date, at the maximum week’s pay of £479.00.

[3]Since the employment was terminated by frustration, there was no breach of contact and the claimant’s notice pay claim is dismissed.

[4]The respondent failed to pay the claimant’s outstanding holiday entitlement and is ordered to pay the claimant the sum of £461.54 net (representing 7 days’ pay at her net pay of £461.54 per week).

[5]No order for the respondent to pay costs under Rule 75(1)(b) is made although the claimant has paid fees in connection with this claim. In R (on the application of UNISON) v Lord Chancellor

[2017] UKSC 51

, the Supreme Court decided that it was unlawful for Her Majesty's Courts and Tribunals Service (HMCTS) to charge fees of this nature. HMCTS has undertaken to repay such fees. In these circumstances I shall draw to the attention of HMCTS that this is a case in which fees have been paid and are therefore to be refunded to the claimant. The details of the repayment scheme are a matter for HMCTS.