Mrs S Lehka and others v The Secretary of State for Business, Energy & Industrial Strategy: 2404529/2016 and others
JUDGMENT
The judgment of the Tribunal is that: The claimants’ claims of –(1) For a redundancy payment,(2) unlawful deduction of wages in respect of unpaid wages and holiday pay(3) breach of contract in respect of notice pay succeed. The claimants are awarded as follows: Mrs S Lehka (1) Unpaid wages (2 weeks @ £172.80 gross pay per week i.e. £345.60 less £95 received) £250.60 (2) Accrued holiday pay (34 weeks x 0.43 i.e. 14.64 days less 11 taken i.e. 3.64 x 6 hours per day) £157.24 (3) Notice pay (£164.33 net weekly wage x 9 ) £1,478.97(4) Redundancy pay (9 complete years of service, 2 x 1 and 7 x 1½ 12.5 x £172.80) £2,160.00 Total £4,046.81 Mrs C Adams (1) Unpaid wages (one week x £102.60 gross pay) £102.60 (2) Redundancy (15 complete years of service x 1.5 = 22.5 weeks x £102.60) £2,295.00 (3) Holiday pay (0.32 x 35 weeks i.e. 11.30 less 4 days taken i.e. 7.3 x 4.7 daily hours) £249.99 (4) Notice pay (£90 net weekly wage x 12 weeks) £1,080.00 Total £3,727,59 Mrs S Sykes (1) Unpaid wages (miscellaneous underpaid wages in 2016) £400.00 (2) Holiday pay (0.32 x 35 = 11.30 less 6 days taken i.e. 5.30 x 5.33 hours per day i.e. £28.24 x 7.20 ) £203.39 (3) Redundancy payment (13 years’ x 1½ complete years of service 19.5 weeks x £115.20) £2,246.40 (4) Notice pay ( £110 net weeklyx12) £1,320.00 Total £4,169.79[2]The recoupment regulations do not apply. CERTIFICATE OF CORRECTION Employment Tribunals Rules of Procedure 2013 Under the provisions of Rule 69, the judgment sent to the parties on 22 March 2017, is corrected to remove references to breach of contract and unlawful deductions claims and to add that the tribunal has no jurisdiction to consider claims (2) and (3). Employment Judge Feeney Date 5th May 2017 10 May 2017 Important note to parties: Any dates for the filing of appeals or reviews are not changed by this certificate of correction and corrected judgment. These time limits still run from the date of the original judgment, or original judgment with reasons, when appealing. EMPLOYMENT TRIBUNALS Claimants: 1. Mrs S Lehka 2. Mrs S Sykes[3]Mrs C Adams Respondent: The Secretary of State for Business, Energy & Industrial Strategy HELD AT: Manchester ON: 15 March 2017 BEFORE: Employment Judge Feeney REPRESENTATION: Claimants: In person Respondent: Not in attendance