Miss C Todd v Constanter Ltd: 2408296/2022
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant of the gross sum of £3,187.38 (monthly pay £1, 958 divided by 4.3 weeks = £455.34 average weekly pay x Statutory notice of 7 weeks = £3187.44).[2]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £3,187.38 (7 years x 1 week’s pay for every complete year of service when the claimant was aged between 22 and 41 x £455.34 = £3,187.38).[3]The respondent has failed to pay the claimant’s accrued annual leave entitlement of 12.33 days and is ordered to pay the claimant the gross sum of £1,180.[4]The Claimant’s claim of unfair dismissal succeeds. The remedy to be awarded in relation to that claim will be determined at a remedy hearing on 15 February 2023 before any Employment Judge sitting alone with a time estimated of three hours. The respondent will be entitled to participate in that hearing only to the extent permitted by the Employment Judge.