Mrs C Morton v A and others: 2413667/2018 and 2414560/2018
JUDGMENT
[1]The tribunal does not have jurisdiction to consider the complaint of unfair dismissal against the first respondent which was presented out of time.[2]The complaint of unlawful deduction from wages in respect of unpaid wages prior to sick leave and unpaid sick pay is dismissed on withdrawal by the claimant.[3]The claimant was employed by the first respondent and not by the second and third respondents, so the complaints against the second and third respondents are dismissed.[4]The claimant was entitled to be paid a statutory redundancy payment by the first respondent in the sum of £1944.[5]The first respondent made an unlawful deduction from wages by failing to pay the claimant in lieu of accrued but untaken holiday and is ordered to pay to the claimant the gross sum of £427.68, being the sum unlawfully deducted.[6]The first respondent was in breach of contract by terminating the claimant’s employment without the full notice to which she was entitled and by failing to pay the claimant the full wages and pension contribution to which she was entitled during that notice period. The first respondent is ordered to pay to the claimant damages of £1034.25. This is a net sum but is based on the claimant’s gross pay because it is likely that upon receipt the claimant will have to pay tax on the notice pay element of this amount as Post Employment Notice Pay.