Employment Judge BuzzardIn person for claimantDate 2 March 2021
JUDGMENT
[1]Redundancy Payment Claim The claimant’s claim for a statutory redundancy payment was conceded by the respondent and succeeds. The respondent is ordered to pay to the claimant a statutory redundancy payment in the agreed amount of £1,188.95.[2]Breach of Contract Claimsa. The claimant’s claim of breach contract in respect of notice of dismissal was conceded by the respondent and succeeds. The respondent is ordered to pay to the claimant damages in the agreed amount of £1,188.95, representing five weeks gross pay.b. The claimant’s claim of breach of contract in respect of unpaid holiday pay for the leave year 2020-2021 was conceded by the respondent and succeeds. The respondent is ordered to pay to the claimant damages in the agreed amount of £71.34.c. The claimant’s claim for interest on the damages awarded for breach of contract is well founded and succeeds. The respondent is ordered to pay to the claimant total interest in the agreed amount of £85.91.[3]Historic Holiday Pay Claims The claimant’s claims relating to holiday pay for the leave years of 2017- 2018 and 2019-2020 are dismissed as not well founded.[4]Unpaid Wages Claim The claimant’s claim relating to unpaid wages arising from the first week of her employment in 2015 is dismissed as not well founded.[5]Unfair Dismissal Claim The claimant is found to have been unfairly dismissed, the unfairness arising from a failure to follow a fair consultation process. It is found that, as the claimant was the only manager and the respondent decided not to employ a manager, even if the respondent had followed a procedurally fair consultation the claimant would still have been made redundant. Or this reason the respondent is not ordered to pay to the claimant any compensation for unfair dismissal.[6]Failure to provide a statement of main terms The respondent did not provide the claimant with a statement of the main terms of her employment as required by part 1 of the Employment Rights Act 1996. Pursuant to s38 of the Employment Act 2002 the respondent is ordered to pay to the claimant compensation in the sum of £951, representing four weeks’ gross pay.