Mrs D Sharp v E Hoult (Pork Butchers) Ltd: 2500172/2023
JUDGMENT
ON LIABILITY Employment Tribunals Rules of Procedure 2013 – Rule 21 The Judgment of the Employment Tribunal is as follows:[1]The claimant’s claim for a redundancy payment pursuant to section 163 of the Employment Rights Act 1996 is well-founded and succeeds.[2]The claimant’s claim for notice pay is well-founded and succeeds.[3]The claimant’s claim for accrued and outstanding holiday pay pursuant to Regulation 14 of the Working Time Regulations 1998 is well-founded and succeeds.[4]The amount of compensation to be awarded will be decided at the hearing on 5 April 2023.REASONS
[1]The Claimant made an application to the Employment Tribunal on 1 February 2023 claiming a redundancy payment, notice pay and holiday pay from the respondent. The respondent was required to file a response by 6 March 2023. By letter dated 3 March 2023 an insolvency practitioner wrote to the Tribunal on behalf of the respondent stating, “The respondent does not dispute that Mrs Sharpe is owed monies but is financially unable to pay them.” The claim is not defended.[2]The above Judgement has been entered on the basis of the information provided by the claimant on the ET1 form. However, there was insufficient information on the ET1 form to determine the amount of compensation to be awarded. Employment Judge Arullendran Date: 13 March 2023 Case No. 2500172/2023 1 EMPLOYMENT TRIBUNALS Claimant: Mrs D Sharp Respondent: E Hoult (Pork Butchers) Limited HELD AT: Newcastle ON: 05 April 2023 BEFORE: Employment Judge Moss REPRESENTATION: Claimant: Respondent: In person No appearance[1]The claimant is entitled to a redundancy payment of £7847.84, payable by the respondent.[2]The claimant’s statutory notice pay entitlement was £3492.36. During the notice period the claimant mitigated her loss to the extent of £1144.32. The respondent is ordered to pay damages to the claimant in the sum of £2348.04.[3]The respondent is ordered to pay the claimant the gross sum of £97 in respect of accrued and outstanding holiday pay pursuant to Regulation 14 of the Working Time Regulations 1998. This award relates to the leave year during which the claimant’s employment was terminated, it having been Case No. 2500172/2023 2 explained to the claimant that an award could not be made in respect of unpaid leave from the commencement of her employment in 2005.