Miss R Kenny v Jackson-McElligott Ltd: 2416495/2019
JUDGMENT
The “Code A” in the heading indicates that this was a remote hearing by telephone conference call to which the parties had not objected. The judgment of the Tribunal is that:[1]The claimant's claim that respondent breached her contract of employment by failing to pay her accrued but untaken holiday on termination of her employment is well-founded and succeeds. The respondent is ordered to pay to the claimant the sum of £1,402.63 as compensation. This sum represents 3.5 gross weeks’ pay at an average weekly rate of £400.75 per week gross.[2]The claimant’s claim that the respondent breached her contract of employment by failing to give her notice of the termination of her employment is well founded and succeeds. The respondent is ordered to pay to the claimant the gross sum of £2,829 as compensation. This sum represents twelve weeks’ notice pay at the rate of £400.75 per week gross, less £1,980 (gross) earned by the claimant who partially mitigated her loss during the 12 weeks following the termination of her employment. The claimant was entitled to the statutory minimum notice period of 12 weeks because she had 12 complete years of service at the date of termination of her employment.[3]The claimant is reminded that all the above compensation may be taxable and she must declare it to HMRC after it is paid.