Miss J Tyldesley v Blueberry Box Ltd (in Creditor’s Voluntary Liquidation): 2407499/2021
JUDGMENT
[1]The claimant was unfairly dismissed.[2]The claimant was wrongfully dismissed and I order the respondent to pay 12 weeks’ pay in lieu of notice = £3,323.28. (12 x £276.94 net pay)[3]The respondent failed to provide the claimant with written particulars of employment and I award four weeks’ pay of £1,308. (4 x £327 weekly gross pay.) Remedy[4]For unfair dismissal I award a basic award of £7,848. I find the claimant had worked for the respondent since 24 January 2002 until dismissal on 28 April 2021. She had 19 years’ service, 10 of which she was aged over 41. £327 x 24 = £7,848.[5]In relation to the compensatory award for unfair dismissal I award, from 21 July 2021 (when the notice period had expired) to October 2021, (13 weeks, by which time the claimant had obtained new employment), 13 x £276.94 = £3,600.22.[6]I make an award for loss of statutory rights of £500.[7]I make an award for expenses incurred of £115.[8]The total compensatory award is £4,215.22 (£3,600.22 + £500 +£115).[9]The prescribed period is 21 July 2021 until 7 October 2021. The prescribed element is £4,215.22.[10]The grand total of compensation for unfair dismissal is £13,694.50. The excess of the prescribed element over the grand total is £9,749.28.