Mrs C Lewis v Bury Football Club Company Ltd (The): 2416574/2019
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The respondent has made an unauthorised deduction from the claimant's wages by failing to pay the claimant for work done in August 2019 and is ordered to pay the claimant the gross sum of £828.75.[2]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the sum of £2295. 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 this amount as Post Employment Notice Pay.[3]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £4876.88.[4]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the sum of £1,243.08.[5]The complaint of unfair dismissal will proceed to a hearing on a date to be notified unless withdrawn.REASONS
[1]These reasons explain the calculation of the sums due, where I have not awarded the same amount calculated by the claimant. Notice pay[2]The claimant’s gross annual pay was £9,945. The gross weekly pay is, therefore, 9945/52 = £191.25. The claimant was entitled to statutory minimum notice of termination which is one week for each completed year of service up to a maximum of 12 weeks. The claimant had completed 17 years’ service, but her notice entitlement is 12 weeks because of this limit. The sum is calculated as follows: 191.25 x 12 = £2295. Redundancy payment[3]The claimant had 17 years’ service. Her gross weekly pay was £191.25. Her age at the effective date of termination was 59. The statutory redundancy payment is calculated, according to the statutory formula, as follows: 1.5 x 17 x £191.25 = £4876.88.