Mr D Moore v P A Aesthetics Ltd: 2416243/2018
JUDGMENT
[1]The claimant was unfairly dismissed.[2]The claimant would have been dismissed by reason of redundancy within a few days of his dismissal in any event. The respondent is ordered to pay the claimant a redundancy payment of seven hundred and fifty pounds.[3]The claimant was dismissed without notice and in breach of contract he is entitled to compensation in the sum of five hundred pounds net.[4]At the date of dismissal the claimant had accrued two weeks of untaken and unpaid annual leave and is entitled to compensation in the sum of five hundred pounds.[5]The respondent is ordered to pay the claimant the total sum of one thousand seven hundred and fifty pounds.REASONS
[1]The respondent failed to attend the Hearing. It had filed a response though Mr Skwira, asserting that the claimant was not an employee but a shareholder and disputing dismissal, alleging that the claimant had resigned.[2]The respondent has ceased trading but was still shown as ‘active’ on Companies House at the date of the Hearing.[3]The claimant attended and gave evidence. He provided documents in support of his assertions in the form of texts between his employer and himself. His evidence was frank and credible.Findings of fact
[4]The claimant worked for the respondent from 5 April 2016 to his summary dismissal on 6 August 2018. He was a shareholder, and drew 1000.00 in dividends a month.[5]He was also an employee who was paid a further £1000 a month in salary, under the terms of a contract of employment. He was a hairdresser whose own business had been bought out by his fellow shareholders Mr Willoughby and Mr Skwria. At all times of his employment he was over the age of 41.[6]He was under the management of Mr Willoughby for instance over the authorisation of annual leave.[7]On 3 August 2018 Mr Skwria told the claimant to take the day off and meet the following day. The meeting did not occur. On 6 August 2018 Mr Willoughby then sent a text indicating that a conclusion had to be reached and that the situation of returning to work and pretending everything was fine was not an option going forward.[8]That concluded the claimant’s contact with the respondent. His work ended there and then and the business ceased to trade a few days later.[9]At that stage the claimant had accrued 2 weeks of untaken and unpaid leave.[10]The claimant set up as a self-employed peripatetic hairdresser working from home.Conclusions
[11]The claimant was dismissed without notice or any procedure by Mr Willoughby on 6 August 2019 when he was told that he could not return to work. This was unfair procedurally as it failed to follow any ACAS guidelines and the respondent has not established a potentially fair reason for dismissal.[12]However, as the company ceased trading, the claimant was in effect redundant in any event and would have been dismissed for redundancy within days. As he had been employed for 2 years and at all times was over 41 he is entitled to a redundancy payment in the sum of 1.5 x 250 x 2 - £750.00[13]He was entitled to 2 weeks’ notice on dismissal, a total of £500.00 net[14]He was entitled to 2 weeks’ unpaid and untaken annual leave, a total of £500.00 net Employment Judge Warren Signed on 2 October 2019 Judgment sent to Parties on 30 October 2019 NOTICE THE EMPLOYMENT TRIBUNALS (INTEREST) ORDER 1990 Tribunal case number: 2416243/2018 Name of case: Mr D Moore v P.A. Aesthetics Ltd The Employment Tribunals (Interest) Order 1990 provides that sums of money payable as a result of a judgment of an Employment Tribunal (excluding sums representing costs or expenses), shall carry interest where the full amount is not paid within 14 days after the day that the document containing the tribunal’s written judgment is recorded as having been sent to parties. That day is known as “the relevant decision day”. The date from which interest starts to accrue is called “the calculation day” and is the day immediately following the relevant decision day. The rate of interest payable is that specified in section 17 of the Judgments Act 1838 on the relevant decision day. This is known as "the stipulated rate of interest" and the rate applicable in your case is set out below. The following information in respect of this case is provided by the Secretary of the Tribunals in accordance with the requirements of Article 12 of the Order:- "the relevant decision day" is: 30 October 2019 "the calculation day" is: 31 October 2019 "the stipulated rate of interest" is: 8% For the Employment Tribunal Office