Mrs E Mullen v Colemans of Newcastle Ltd: 2500889/2019
JUDGMENT
[1]The Claimant claim of ordinary unfair dismissal under s94 and s98 of the ERA is upheld and she is awarded compensation of £5927.20.[2]The Claimant’s claim of breach of contract (wrongful dismissal) under Regulation 3 of the Employment Tribunals (Extension of Jurisdiction E&W) Order 1994 is upheld and she is awarded £374.56 in relation to her notice pay.[3]The Claimant’s claim for unlawful deductions from wages (holiday pay), as defined under s13 of the ERA, is upheld. The Claimant is awarded the sum of £187.28 gross (to be paid by the Respondent to the Claimant, less all applicable PAYE deductions) in lieu of one week’s holiday pay. NOTES[4]Mr Daniel Anderson, the Respondent’s director, had previously informed the Tribunal that the Respondent would not attend the hearing because he was awaiting confirmation from Companies House that the Respondent would be struck off the Companies House Register. The Tribunal warned the Respondent on two occasions that the hearing would proceed in the Respondent’s absence, if the Respondent chose not to attend.REASONS
Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. Case No: 2500889/19 11.12 Judgment on reconsideration – no hearing - rules 70 and 73 EMPLOYMENT TRIBUNALS Claimant: Mrs E Mullen Respondent: Colemans of Newcastle Limited UPON a reconsideration of the judgment dated 14 October 2019 on the Tribunal’s own initiative under rule 73 of the Employment Tribunals Rules of Procedure 2013, and without a hearing: JUDGMENT[1]The Claimant is awarded £5786.74, in respect of her claim for ordinary unfair dismissal. Paragraph 1 of the Judgment dated 14 October 2019, is amended accordingly.