Mrs V Anderson v Sole Biz Ltd (in creditors’ voluntary liquidation): 2404686/2024
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 22[1]The complaint of breach of contract in relation to notice pay is well-founded. The respondent is ordered to pay the claimant in the sum of £2,059.20 as damages for the breach of contract. This figure has been calculated using gross pay to reflect the possibility that the claimant will have to pay tax on it as Post Employment Notice Pay, but payment should be made to the claimant in the gross sum.[2]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £3,088.80, which sum the respondent is ordered to pay her, and is not subject to tax or national insurance.[3]The complaint in respect of holiday pay is well-founded. The respondent made an unauthorised deduction from the claimant’s wages by failing to pay the claimant for holidays accrued but not taken on the date the claimant’s employment ended. The respondent shall pay the claimant the sum of £503.36, without deductions. The claimant is responsible for paying any tax or National Insurance.[4]The unfair dismissal complaint is well-founded. The claimant was unfairly dismissed, however.a. No basic award is made because it has been extinguished by the redundancy payment.b. Given that the claimant is receiving notice pay, and, it seems most likely, her employment would have ended in any event, the Tribunal cannot see any basis for making a compensatory award. If the claimant wishes to pursue such an award, she must within 14 days provide to the Tribunal the basis for such an award and its calculations.[5]No award has been made in respect of wages in the absence of information concerning the amounts claimed.[6]The complaint of a failure by the Respondent to comply with the requirements of the Trade Union and Labour Relations (Consolidation) Act 1992 s188 is well founded and the Tribunal makes a protective award requiring the respondent to pay renumeration for the period of 90 days beginning on 5 July 2024 to the Claimant. The recoupment regulations apply to this award.[7]At this stage the Tribunal does not quantify such an award. The claimant should contact the Liquidators of the respondent with a view to agreeing what sum is payable, and in the event of any dispute or non – payment, the claimant must make a further claim to the Tribunal under s.192 of the Trade Union and Labour Relations (Consolidation) Act 1992. Approved by