Mrs S Cotton-Smith and Mrs L Doyle v Home Space Sustainable Accommodation CIC: 2421421/2017 and 2423418/2017
JUDGMENT
[1]The claimants were each unfairly dismissed by reason of redundancy by the respondent.[2]The respondent shall pay to Mrs S Cotton-Smith the total sum of £9,327.25 to include a statutory redundancy payment of £1,038.[3]The respondent shall pay to the claimant Mrs L Doyle the total sum of £8,016 to include a statutory redundancy payment of £320.REASONS
[1]Both claimants make claims relating to unfair dismissal, redundancy payments, breach of contract, notice pay and holiday pay.[2]The first claimant, Mrs Cotton-Smith, was employed as an administrative parttime office manager, and Mrs L Doyle was also employed in administration.[3]The respondent is a company who assist in provision for traveller accommodation at specific sites in England and Wales. The respondent has not filed any ET3 in either of the above cases and has not been present before the Tribunal.[4]The Tribunal finds as follows in relation to this case.[5]Mrs Cotton-Smith was employed by the respondent since, on her submission to the Tribunal, December 2012, her date of birth is 15 May 1967. Mrs Doyle was employed by the respondent since November 2014, her date of birth being 12 January 1988. Both ladies’ employments ended on 18 July 2017 in circumstances where the business of the respondent effectively ceased to operate at the Cheshire premises.[6]There is a timeline relating to the ending of the business operation given that one of the directors sold her share of the respondent company to another owner of accommodation parks without consultation, and it was agreed that there would be further changes to the business, and in the end the Head Office at Cheshire was cleared at the beginning of July 2017, and in effect the claimants had no premises at which to work. I also accept that another former employee showed to Miss CottonSmith his letter confirming redundancy in his case although neither of the two claimants before me have been given any correspondence from the respondent.[7]Pursuant to section 139(1)(a)(i) of the Employment Rights Act 1996, the employer has, in my judgment, ceased carrying on the business for the purposes of which the employees were employed. The Cheshire premises are now defunct.[8]In both cases I also find that there was no notification, no consultation and no selection exercise which ended the claimant's employment, and in both circumstances the claimants were therefore unfairly dismissed.[9]I accept both claimants have sought alternative employment. Mrs CottonSmith has told me that she has had four interviews this year; Mrs Doyle one last year. It is now nine months or so since their employment ended, this hearing taking place today, so I consider that 40 weeks by way of loss of earnings is an appropriate period to order in the exercise of my discretion.[10]The awards calculated are as follows. So far as Mrs Cotton-Smith is concerned, the statutory redundancy payment given her employment began in December 2012 giving her four complete years’ service all over the age of 41 years of age, therefore a multiplier of 1.5, the basic pay is £173 and I accept calculated the statutory redundancy payment amounts to £1,038. I accept her evidence in relation to holiday pay. The calculation for holiday pay is 28 days at £34.62 amounting to £969.25. In respect of loss of wages the amount of loss is 40 weeks at £173 each week and that would then include any period of notice. That totals £6.920, and I have also made an award in respect of loss of statutory rights given that Mrs Cotton-Smith has lost her employment, so the total award is £9,327.25.[11]In relation to Mrs Doyle, the statutory redundancy payment is calculated at two full years’ basic pay of £160 amounting to £320, her being under 41 years of age at the time of the calculation. The holiday pay calculation is £32 for 28 days calculating to £896, and again I have also in terms of loss of wages awarded 40 weeks at £160 which calculates to £6,400 and includes any period of notice. I have awarded £400 to Mrs Doyle also in respect of loss of statutory rights. The total award in her case is therefore £8,016.[12]Those are the awards that the Tribunal makes today with reasons.