Miss P M Dill v S Glover and M Batey: 2404689/2024
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the gross sum of £23.[2]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the gross sum of £276.[3]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £644 (1 week’s pay for every complete year of service when the claimant was aged between 22 and 41; 4 x 1 x £23 = £92; 1.5 week’s pay for every complete year of service when the claimant was aged 41 or older; 16 x 1.5 x £23 = £552. Total: 92+552= £644)[4]The respondent has failed to pay the claimant’s accrued untaken annual leave entitlement and is ordered to pay the claimant the gross sum of £92.[5]Consequently, the respondent must pay the claimant the total gross sum of £1,035.[6]The hearing listed on 1 April 2025 is cancelled. Employment Judge KM Ross Date:17 December 2024[1]There is more information about Tribunal judgments here, which you should read with this guidance note: www.gov.uk/government/publications/employment-tribunal-hearings-judgment-guide-t426 If you do not have access to the internet, you can ask for a paper copy by telephoning the Tribunal office dealing with the claim.[2]The payment of interest on Employment Tribunal awards is governed by The Employment Tribunals (Interest) Order 1990. Interest is payable on Employment Tribunal awards if they remain wholly or partly unpaid more than 14 days after the relevant decision day. Sums in the award that represent costs or expenses are excluded. Interest starts to accrue from the day immediately after the relevant decision day, which is called the calculation day.[3]The date of the relevant decision day in your case is set out in the Notice. If the judgment is paid in full by that date, no interest will be payable. If the judgment is not paid in full by that date, interest will start to accrue from the next day.[4]Requesting written reasons after you have received a written judgment does not change the date of the relevant decision day.[5]Interest will be calculated as simple interest accruing from day to day on any part of the sum of money awarded by the Tribunal that remains unpaid.[6]If the person paying the Tribunal award is required to pay part of it to a public authority by way of tax or National Insurance, no interest is payable on that part.[7]If the Secretary of State has claimed any part of the sum awarded by the Tribunal in a recoupment notice, no interest is payable on that part.[8]If the sum awarded is varied, either because the Tribunal reconsiders its own judgment, or following an appeal to the Employment Appeal Tribunal or a higher court, interest will still be payable from the calculation day but it will be payable on the new sum not the sum originally awarded.[9]The online information explains how Employment Tribunal awards are enforced. The interest element of an award is enforced in the same way. Case No. 2404689/2024 EMPLOYMENT TRIBUNALS Claimant: Miss P.M. Dill Respondent: Ms. S. Glover & Mrs. M. Batey Heard at: Carlisle On: 1 April 2025 Before: Judge Callan Representation Claimant: In person Respondents: Both in person[1]The claimant’s claim for unfair dismissal by reason of redundancy, having been admitted, is well-founded. This means that she was unfairly dismissed.[2]The respondents are Ordered to pay the claimant a statutory redundancy pay of £609.50. The claimant was aged 57 when she was dismissed for redundancy and had worked for the respondents (including their predecessor) for 24 years. Her weekly pay was £23.00. The maximum period for which a redundancy payment can be made is 20 years.[3]The claimant was dismissed without notice and the respondents are Ordered to pay her the sum of £276.00.[4]The respondents are Ordered to pay the claimant the sum of £138.00 for future losses.[5]The respondents are Ordered to pay the claimant the total sum of £1,023.50, as itemised above.[6]The claimant’s claim for unpaid holiday pay is not well-founded and is dismissed. Case No. 2404689/2024 _____________________________ Judge Callan Date: 1 April 2025