Mrs J Stansfield v Mosses Community Association Ltd (In Liquidation): 2410981/2019
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 The respondent having stated that it does not resist the claims, It is the judgment of the Tribunal that:[1]The claimant was unfairly dismissed. The claimant is entitled to compensation. Basic award : Service : 1 November 2010 to 12 July 2019 Age at date of dismissal : 53 Gross weekly pay : £317.40 1.5 x 8 x £317.40 £3,808.80 The respondent is ordered to pay to the claimant the sum of £3,808.80 as the basic award for unfair dismissal. Compensatory Award: The claimant did not find alternative employment after her dismissal on 10 July 2019. Her net weekly wage was £271.15 The respondent went into Liquidation on 14 October 2019. Her employment would have ended then. 1 of 5 The period of loss is accordingly 10 July 2019 to 14 October 2019 14 weeks @ £271.15 £3,796.10 Less Notice Pay awarded £1,737.20 Net : £2,058.90 Loss of statutory rights £350.00 Total: £2,408.90 Uplift The respondent failed to follow the ACAS Code of Practice , and the Tribunal accordingly awards an increase of 25% of the compensatory award 25% x £2,408.90 £ 602.22 Total Compensatory award as uplifted: £3,011.12 Additional award: The claimant was not provided with a written statement of particulars of employment, and the Tribunal accordingly makes an additional award of 4 weeks pay 4 x £317.40 £1,269.60 The recoupment regulations do not apply. The respondent is ordered to pay to the claimant the said sums of £3,011.12 as the compensatory award, and £1,269.60 as the additional award for unfair dismissal.[2]The claimant was dismissed without notice in circumstances where the respondent has failed to demonstrate that it was entitled to so dismiss her. She is accordingly entitled to damages for breach of contract, i.e her notice pay. The claimant was entitled to 8 weeks’ notice 8 x £271.15 £2,169.20 This is a net sum , which the respondent is ordered to pay to the claimant and the respondent must account to HMRC for any tax and NI contributions payable upon it. 2 of 5[3]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the sum of £211.60, representing 20 hours of untaken holiday at the hourly rate of £10.58 . This is a gross sum ,and the claimant must account for any tax and NI contributions due upon it.[4]The other claims that the claimant has sought in her email to the Tribunal of 1 June 2020 for: Personal Injury Reputational Damage/ Defamation of Character Pension Contributions and NI Contributions since dismissal fall outside the scope of what the Tribunal can award in respect of the claims that the claimant has made, and cannot be awarded.