Mrs S Murray v Lancashire County Council: 2411064/2021
JUDGMENT
JUDGMENT It is the judgment of the Tribunal that:(1) The claimant’s application to amend her claim to include a claim for breach of contract (notice pay) is refused;(2) The response is struck out, pursuant to rule 37(1) (c) of the 2013 rules of procedure. CASE MANAGEMENT ORDERS(3) Unless objection is received by 24 February 2023, the respondent will be permitted to continue to participate in the proceedings in relation to, and may attend and participate in any hearing in relation to, remedy;(4) The parties (or either of them) shall by 16 March 2023 inform the Tribunal as to whether a remedy hearing is required, and if so, shall provide an estimated length of hearing , dates to avoid , and suggested (agreed) case management orders in relation to remedy. Case Number: 2411064/2021 2 of 2(5) If a hearing is sought for any other purpose, any such application shall also be made by the above date. Note Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing (none being recorded) or a written request is presented by either party within 14 days of the sending of this written record of the decision. Employment Judge Holmes 16 February 2023 SENT TO THE PARTIES ON 27 February 2023 FOR THE TRIBUNAL OFFICE (1) Any person who without reasonable excuse fails to comply with an Order to which section 7(4) of the Employment Tribunals Act 1996 applies shall be liable on summary conviction to a fine of £1,000.00. (2) Under rule 6, if this Order is not complied with, the Tribunal may take such action as it considers just which may include (a) waiving or varying the requirement; (b) striking out the claim or the response, in whole or in part, in accordance with rule 37; (c) barring or restricting a party’s participation in the proceedings; and/or (d) awarding costs in accordance with rules 74-84. (3) You may apply under rule 29 for this Order to be varied, suspended or set aside. Case No:2411064/2021 EMPLOYMENT TRIBUNALS Claimant: Mrs S Murray Respondent: Lancashire County Council Heard at: Manchester Employment Tribunal (by video) On: 20 September 2023 Before: Employment Judge Dunlop Representation Claimant: Mr R Lassey (counsel) Respondent: Mr M Mensah (counsel) By Judgment dated 16 February 2023, the respondent’s response to the claimant’s claim of unfair dismissal was struck out. REMEDY AND COSTS JUDGMENT[1]The respondent unfairly dismissed the claimant and is ordered to pay compensation in the sum of £12,953.98 made up as set out below:1.1 A basic award of £6,994.501.2 A compensatory award of £5,959.48 (comprising a sum of £450 for loss of statutory rights, a sum of £3,214.20 representing 15 weeks’ net loss of earnings at full pay rate, and a sum of £2,295.28 representing a further 26 weeks’ net loss of earnings at an agreed reduced rate, taking into account the claimant’s earnings in her new employment.)[2]The respondent is ordered to pay a contribution towards the legal costs incurred by the claimant of £3,000.00 (representing £2,500.00 of fees and £500.00 of VAT on those costs). Case No:2411064/2021