Ms Annalisa Pagano v Concept 1 Leisure Ltd: 2500758/2020
JUDGMENT
[1]The claims of wrongful dismissal and for a redundancy payment are well founded.[2]On the claim of wrongful dismissal, I order the respondent to pay to the claimant damages of £ 508 gross of tax.[3]The claimant is entitled to a redundancy payment of £ 1524 on which no tax is payable.[4]Any hearing listed is vacatedREASONS
[1]The claimant, born 22 October 1973, presented her claims on 14 April 2020. Her start date of employment was 30 October 2015, her gross salary was £254 per week. She was dismissed with 2 weeks payment in lieu notice on 10 February 2020 when the respondent ceased trading at the café where she was employed. She claims she was underpaid 2 weeks notice and is entitled to a redundancy payment The claim was served on registered office address and has not been returned by Royal Mail.[2]No response was received. An Employment Judge is required by rule 21 of the Employment Tribunals Rules of Procedure 2013 (the Rules) to decide on the available material whether a determination can be made. I have sufficient information to enable me to find the claims proved and determine the sums to be awarded.[3]Her contractual entitlement was to 4 weeks notice under s 86 Employment Rights Act 1996 (“the Act”). The common law provides employment may be brought to an end by notice. Dismissal without sufficient notice is termed ”wrongful” and damages are the pay the claimant would have earned during the proper notice period Case Number 2500758/20[4]The law of redundancy payments is in Part XI of the Act. The amount is a calculation based on a “week’s pay”, date of birth and length of service. She is entitled to one and a half week’s pay for each year of continuous employment during which she was over 41. TM Garnon