Mrs E Mitchell and Miss N Davock v Carnatic Spa Ltd: 2414911/2021 and 2415188/2021
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The name of the respondent in the claim brought by Mrs E Mitchell is amended from Natalie Ball to Carnatic Spa Limited.[2]The claimants were dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimants in the sums set out below. These are net sums but are based on the claimants’ gross pay because it is likely that upon receipt the claimants will have to pay tax on this amount as Post Employment Notice Pay. Mrs E Mitchell £1083 Miss N Davock £486[3]The claimants were dismissed by reason of redundancy and are entitled to redundancy payments as follows: Mrs E Mitchell £1083 Miss N Davock £486[4]The respondent has made unauthorised deductions from wages by failing to pay the claimants in lieu of accrued but untaken holiday entitlement and is ordered to pay the claimants the following sums: Mrs E Mitchell £180.50 Miss N Davock £1231.20[5]The respondent is to pay any gross sums for unauthorised deductions from wages less the appropriate deductions for tax and national insurance, if any, for which it must account to HMRC.[6]Miss N Davock’s complaint of unfair dismissal succeeds and the remedy to which the claimant is entitled will be determined at a Remedy Hearing to be arranged, if Miss Davock seeks a remedy for unfair dismissal.[7]The final hearing listed in the case of Mrs Mitchell on 18 July 2022 is cancelled. .