Mrs C McCallig and Mrs S Smith v Blamire Bakery Ltd: 2411003/2023 and 2411004/2023
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 Both Claimants[1]The respondent has failed to present a valid response on time for the claims brought by Mrs McCallig and Mrs Smith. The Employment Judge has decided that a determination can properly be made of the claim in accordance with rule 21 of the Rules of Procedure.[2]The figures below are awarded in gross sums. The claimants should be aware that they may receive less than these amounts if the respondent accounts for statutory deductions before satisfying the awards. If the respondent pays the claimants the gross figures, then each claimant may need to satisfy any tax burdens individually from that award. Mrs C McCallig[3]The claimant’s claim for a statutory redundancy payment by reason of her constructive dismissal succeeds and the respondent is ordered to pay damages to the claimant in the sum of £5,130 (12 x 1.5 weeks’ pay for every complete year of service when the claimant was aged 41 or older x £285 = £5,130)[4]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the sum of £3,420 (weekly pay £285 x maximum statutory notice 12 weeks = £3,420).[5]The respondent has made an unauthorised deduction from the claimant’s wages by failing to pay the claimant between 15/2/23 and 9/8/23 and is ordered to pay the claimant the gross sum of £7,001.00 (£285 x 25 weeks = £7,125 less £124 received from the respondent = £7,001.00).[6]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the gross sum of £712.50 (8 days’ untaken leave as at 9/8/23 plus 2 additional days carried over from the previous year = 10 days @ £71.25 per day).[7]Consequently, the respondent must pay the claimant the total gross sum of £16,263.50. Mrs S Smith[8]The claimant’s claim for a statutory redundancy payment by reason of her constructive dismissal succeeds and the respondent is ordered to pay damages to the claimant in the sum of £10,597.50 (18 x 1.5 weeks’ pay for every complete year of service when the claimant was aged 41 or older x £392.50 = £10,597.50)[9]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the sum of £4,710 (weekly pay £392.50 x maximum statutory notice 12 weeks = £4,710).[10]The respondent has made an unauthorised deduction from the claimant’s wages by failing to pay the claimant between 15/2/23 and 9/8/23 and is ordered to pay the claimant the gross sum of £9,657.50 (£392.50 x 25 weeks = £9,812.50 less £155 received from the respondent = £9,657.50).[11]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the gross sum of £785.00 (10 days’ untaken leave as at 9/8/23 @ £78.50 per day).[12]Consequently, the respondent must pay the claimant the total gross sum of £25,750.