Mr M Gilmore v Direct Supply Ltd (in Creditors Voluntary Liquidation): 2407180/2022 and others
JUDGMENT
The response is struck out.REASONS
[1]By a letter dated 31st January 2024, the Tribunal gave the insolvency Practitioners an opportunity to make representations or to request a hearing, as to why the response should not be struck out because• it has not been actively pursued.[2]The respondent has failed to make representations in writing, or has failed to make any sufficient representations, why this should not be done or to request a hearing. The response is therefore struck out.[3]The respondent will be entitled to notice of any hearings and decisions of the Tribunal but will only be entitled to participate in any hearing to the extent permitted by the Employment Judge. Employment Judge Dunlop 20 March 2024[1]The claimants’ complaints of unfair dismissal in accordance with section 111 of the Employment Rights Act 1996 were successful as per the judgment of Employment Judge Dunlop dated 20 March 2024.[2]The respondent is ordered to pay the first claimant the following amounts: Basic Award: £7227.67 Compensatory Award: £6922.24[3]The first claimant worked continuously for the respondent for 13 years. At the time of his dismissal the claimant was 44 and earned a gross weekly wage of £498.46.[4]Section 119 of the Employment Rights Act 1996 provides that the basic award shall be calculated using the figure for one and half weeks’ pay for each year the claimant was not below the age of forty-one and using the figure for one weeks’ pay for each year the claimant was not below the age of twenty-two (1.5 x 3 + 1 x 10 x £498.46 = £7227.67).[5]Section 123 of the Employment Rights Act 1996 provides that the amount of the compensatory award is what the Tribunal considers just and equitable in regard to the loss sustained in consequence of the dismissal Case No: 2407180/2022 2407181/2022 2407182/2022 2407183/2022 that is attributable to the respondent.[6]The first claimant’s net monthly pay was £1759.20. The first claimant was unemployed for 2 months. The first claimant suffered loss of pension contributions for 5 months at a rate of £82 per month. The first claimant incurred £500 in expenses seeking new employment. The first claimant is entitled to £500 for loss of statutory rights. The first claimant is entitled to four weeks’ gross pay for not receiving a written statement of terms and conditions during his employment (£3518.40 + £410 + £500 + £500 + £1993.84 = £6922.24).[7]The respondent is ordered to pay the second claimant the following amounts: Basic Award £12886.08 Compensatory Award: £7266.41[8]The second claimant worked continuously for the respondent for 24 years. At the time of her dismissal the second claimant was 49 and earned a gross weekly wage of £536.92.[9]Section 119 of the Employment Rights Act 1996 provides that the basic award shall be calculated using the figure for one and half weeks’ pay for each year the claimant was not below the age of forty-one and using the figure for one weeks’ pay for each year the claimant was not below the age of twenty-two – subject to a maximum of twenty years (1.5 x 8 + 1 x 12 x £536.92 = £12886.08).[10]Section 123 of the Employment Rights Act 1996 provides that the amount of the compensatory award is what the Tribunal considers just and equitable in regard to the loss sustained in consequence of the dismissal that is attributable to the respondent.[11]The second claimant’s net monthly pay was £2008.54. The second claimant was unemployed for 2 months. The second claimant suffered loss of pension contributions for 5 months at a rate of £90.33 per month. The second claimant incurred £150 in expenses seeking new employment. The second claimant is entitled to £500 for loss of statutory rights. The second claimant is entitled to four weeks’ gross pay for not receiving a written statement of terms and conditions during her employment (£4017.08 + £451.65 + £150 + £500 + £2147.68 = £7266.41)[12]The claimants’ complaints of a failure to pay notice pay is successful.[13]The respondent is ordered to pay the first claimant £5981.52 gross notice pay. In accordance with section 86 of the Employment Rights Act 1996 the first claimant was entitled to twelve weeks’ notice pay at the gross rate of weekly pay (12 x £498.46 = £5981.52).[14]The respondent is ordered to pay the second claimant £6443.04 gross Case No: 2407180/2022 2407181/2022 2407182/2022 2407183/2022 notice pay . In accordance with section 86 of the Employment Rights Act 1996 the second claimant was entitled to twelve weeks’ notice pay at the gross rate of weekly pay (12 x £536.92 = £6443.04).