Ms J Yau v Mr Paul Douglas Thomas and others: 2406061/2016
JUDGMENT
[1]The claimant was entitled to be paid a statutory redundancy payment by the third respondent in the sum of £3564.[2]The claimant was unfairly dismissed by the third respondent. I make no award of compensation for unfair dismissal since the loss of earnings is compensated for in the damages for breach of contract.[3]The third respondent was in breach of contract by dismissing the claimant without notice. The third respondent is ordered to pay to the claimant damages of £194 for this breach of contract.[4]The third respondent was in breach of contract by not paying the claimant the holiday pay due in November and December 2015. The third respondent is ordered to pay damages to the claimant of £174.60 for this breach of contract.[5]The third respondent made an unlawful deduction from wages by failing to pay the claimant in lieu of holiday accrued but not taken in the period 1-13 September 2016 and is ordered to pay to the claimant the sum of £39.60 being the gross sum unlawfully deducted.[6]The third respondent is ordered to pay to the claimant an additional amount of £396 pursuant to section 38 Employment Act 2002 for failing to provide the claimant with a written statement of employment particulars.[7]The claims against the first and second respondents are dismissed.