Miss J Perry v Skittles Childcare Ltd: 2421283/2017
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 The respondent having indicated that it does not defend the claim and on the information before the Employment Judge,[1]The respondent has made an unauthorised deduction from the claimant's wages and is ordered to pay the claimant the net sum of £486.68.[2]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £2,887.50 (representing 11 years service when aged over 22 years at the relevant date at her gross weekly pay of £262.50).[3]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the net sum of £360.51.[4]Whilst the claimant was dismissed in breach of contract in respect of her statutory minimum notice period, she fully mitigated her loss (finding alternative employment swiftly and for more hours) and has not established any shortfall in earnings after giving credit for her net earnings from the new employment. No award of damages is made in these circumstances.[5]The hearing listed on 2 January 2018 is cancelled.