Ms S Heron v Manchester City Lettings Ltd (in creditors voluntary liquidation): 2406811/2023
JUDGMENT
[1]The claim of unfair dismissal in accordance with section 111 of the Employment Rights Act 1996 is successful.[2]The claimant worked for the respondent from 3 May 2016 until 18 March 2023 which equates to 6 complete years. The claimant was born on 21 December 1986. The claimant’s gross weekly pay was £769.23. The gross weekly pay limit applicable to the calculation of the basic award for claims made between 6 April 2023 to 5 April 2024 was £643. The respondent is ordered to pay the claimant compensation for the basic award of £3858.[3]The claimant’s net weekly pay was £621.53. The claimant was unemployed from 18 March 2023 until 1 June 2023, for a period of 11 weeks. The claimant received income of £2031.55 during this period. The claimant’s loss for this period is £4805.28.[4]The claimant’s net monthly pay was £2489. The claimant’s net monthly income in her new employment is £1600. The claimant’s net monthly loss is £889. The claimant has had a net monthly loss between 1 June 2023 and 24 September 2024 which equates to 16 months. The claimant’s loss for this period is £14,224.[5]The respondent is also ordered to pay the claimant £19029.28 for the compensatory award.[6]The claim for breach of contract is successful.[7]The claimant’s gross weekly pay was £769.23. The claimant worked for the respondent for 6 complete years and therefore, in accordance with section 86 of the Employment Rights Act 1996 was entitled to payment during her notice period for 6 weeks. The respondent is ordered to pay the claimant £4615.38.[8]The claim for compensation related to entitlement to leave on termination of employment in accordance with regulation 30 of the Working Time Regulations 1998 is successful.[9]The respondent’s annual leave year ran from January until December each year. The claimant was entitled to 28 days annual leave each year. By 18 March 2023, the claimant had accrued 21% of her annual leave entitlement which equates to 6 days. The claimant’s gross daily rate of pay was £153.85. The respondent is ordered to pay the claimant £923.08.[10]The Employment Protection (Recoupment of Benefit) Regulations 1996 apply to this award. The claimant received benefits from the Department of Work and Pensions during the period from 18 March 2023 until the date of this hearing (the prescribed period) and 1996 Regulations provide for recoupment of those benefits, calculated as the prescribed element, from any Tribunal award for unfair dismissal. The respondent must withhold the prescribed element in order for the recoupment exercise to take place.[11]The prescribed element for the prescribed period is £19,029.28 attributable to 18 March 2023 – 24 September 2024.[12]The total award is £28,425.74. The balance to be paid by the respondent to the claimant, pending recoupment of benefit, is £9396.46. The respondent must pay any balance of the prescribed element to the claimant after recoupment of benefits.