Mrs S Hamill v Hoddlesden Village Shop Ltd: 2416997/2018
JUDGMENT
[1]At the date upon which the respondent terminated the claimant’s employment she had (pursuant to the Transfer of Undertakings (Protection of Employment) Regulations 2006) been continuously employed by the respondent for more than six years.[2]In that context, claimant’s complaint that the respondent was in breach of her contract of employment by not giving her the full notice of the termination of that contract of employment to which she was entitled is well-founded in that she was entitled to receive six weeks’ notice and only received two weeks’ notice.[3]In this respect the respondent is ordered to pay to the claimant compensation in respect of the four weeks’ notice that she did not receive in the sum of £989.03. Being compensation, that amount has been calculated by reference to the claimant's net pay and any liability to tax or national insurance contributions shall be the liability of the respondent alone.[4]The claimant was dismissed by the respondent by reason of redundancy and, therefore, in accordance with section 135 of the Employment Rights Act 1996, the respondent ought to have paid her a redundancy payment, which it did not.[5]The claimant's complaint that she was entitled to a redundancy payment on the termination of her employment is therefore well-founded.[6]In this respect the respondent is ordered to pay to the claimant compensation for the financial loss sustained by her in the sum of £1,640.70; that being calculated by reference to the essential elements that at the date of termination of her employment the claimant was aged 41 years, had six years’ continuous employment and received gross pay of £273.45 per week.[7]Any claim by the claimant that her dismissal by the respondent was unfair was withdrawn by the claimant and is dismissed. [Note: During the course of the hearing Mrs Booth indicated that it was unlikely that the respondent would be able to pay the claimant the sums ordered. If that turns out to be the case, the claimant should consider seeking advice as to whether all or part of those sums might be recoverable from the Redundancy Payments Service in accordance with section 166 of the Employment Rights Act 1996.]