Miss G Keenan v Rhodes Preschool CIC: 2410959/2023
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The respondent has failed to present a valid response on time. The Employment Judge has decided that a determination can properly be made on the claim in accordance with Rule 21 of the Rules of Procedure.[2]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £1,682.80 (11 years’ service. Gross weekly pay = £168.28. Aged under 22 @ 0.5 week’s pay for each full year worked = 2 years x £84.14 = £168.28. Aged between 22 and 41 years @ 1 weeks’ pay for each full year worked = 9 years x £168.28 = £1,514.52).[3]The respondent has failed to pay the claimant’s accrued but untaken holiday entitlement and is ordered to pay the claimant the sum of £842.46 calculated as follows: annual holiday entitlement = 5.6 weeks. Claimant works 15.75 hours per week x 5.6 = 88.2 hours, which accrued at the rate of 1/12 per calendar month. The claimant’s employment terminated in the 11th month. 88.2 hours divided by 12 months = 7.35 hours per month x 11 months = 80.85 hours x £10.42 per hour = £842.46.[4]Consequently, the respondent must pay the claimant the sum of £2,525.26 in total.[5]The claimant will be responsible for paying tax liabilities arising out of the gross award if they receive the gross figure and tax is not deducted at source.[6]Regarding the additional claim for holiday pay raised with Employment Judge Eeley at the hearing on 24 April 2024 for the 1.6 weeks per year that the claimant was allegedly not paid, the Tribunal has received the claimant’s email dated 20/5/2024 and the accompanying documents but is unclear how the figures have been reached. If the claimant wishes to pursue this element of her claim, she should produce her calculation of how the figures have been reached within 14 days of this judgment.