Ms G Rowcliffe v South Sea Chinese Ltd: 2410961/2021
EMPLOYMENT TRIBUNALS
Case No 2410961/2021
Between
Ms G RowcliffeClaimantSouth Sea Chinese LtdRespondent
Before
Employment Judge Malik via CVPAttended via CVP for claimantAttended via CVP for respondentDate 6 June 2022
JUDGMENT
[1]The Respondent continuously employed the claimant from 19 September 2016 until 15 November 2019. Therefore, the claimant has sufficient qualifying service to bring a claim for unfair dismissal and redundancy pay.[2]The Respondent dismissed the claimant by virtue of redundancy. Therefore, the respondent must pay to the claimant a redundancy payment of £384;[3]The complaint of unfair dismissal is well founded. The Respondent must pay to the Claimant the following compensation:a. A basic award of zero because the amount of the basic award (£384) is reduced to zero by virtue of the redundancy payment being set against it.b. No compensatory award is due to the Claimant as there was a 100% chance that the claimant would have been dismissed had a fair redundancy procedure been followed. Accordingly the compensatory award is reduced by 100% pursuant to the principles in Polkey v A E Dayton Service Limited 1988 ICR 142.[4]The Respondent has failed to pay all of the Claimant’s notice pay. The statutory entitlement to notice pay in the absence of a written contract is one week for each full year of employment. The claimant had two full years of employment. The Respondent must therefore pay to the claimant the sum of £106.00 being the total amount of £256 minus the £150 already paid by the Respondent.[5]The Respondent made an unauthorised deduction from wages by failing to pay the Claimant in lieu of accrued but untaken holiday and is ordered to pay the Claimant the sum of £468 being the gross sum unlawfully deducted.[6]The total amount payable by the Respondent to the Claimant is £958.