Ms M Mallinson v Mallinson Fabrications Ltd: 2405490/2019
EMPLOYMENT TRIBUNALS
Case No 2405490/2019
Between
Ms M MallinsonClaimantMallinson Fabrications LtdRespondent
Before
Employment Judge RossMs L Quigley (instructed by counsel) for claimantMr C Breen (instructed by counsel) for respondentDate 8 October 2020
JUDGMENT
[1]The claimant’s claim for unfair dismissal is well-founded and succeeds, but by reason of the principle in the case of Polkey v A E Dayton Services Limited [1987] UKHL 8 I find it was wholly inevitable that the claimant would have been fairly dismissed within 28 days of 14 January 2019 (the effective date of termination).[2]The claimant’s claim for wrongful dismissal succeeds, and the claimant is entitled to damages in the sum of seven weeks’ pay based on the amount she was receiving weekly at the termination of employment.[3]The claimant's claim for unlawful deduction from wages pursuant to section 13 of the Employment Rights Act 1996, that the respondent failed to pay the National Minimum Wage as required by the National Minimum Wage Act 1998, is not wellfounded and fails.[4]The claimant's claim for maternity pay is dismissed given the claimant was in receipt of maternity pay during the maternity pay period. (At the time the claimant was unaware of the nature of the payments).[5]The claimant's claim for payment in lieu of accrued but untaken holidays on the termination of employment pursuant to section 13 Employment Rights Act 1996 and regulation 14 Working Time Regulations 1998 is successful. I award the claimant her statutory entitlement for the holiday year 1 January 2018 to 31 December 2018 and her pro rata entitlement for the year 1 January 2019 to 14 January 2019. (I am not satisfied that the respondent refused to permit the claimant to exercise her right to statutory leave under regulation 13 or regulation 13A Working Time Regulations 1998). Remedy[6]The respondent is ordered to pay the sum of £3,718.32 to the claimant within 14 days of the date of this Judgment.