Ms Kerry Wilson v Ms Angela Gleghorn T/a Mosaic Hair and Beauty: 2501247/2020
REASONS
[1]The claimant presented her claim on 26 June 2020. On 22 July 2020 it was served by post to the address on the claim form which is the same as that shown in the respondent’s online advertisements. A response form was due by 19 August 2020 but none was received. An Employment Judge is required by rule 21 of the Employment Tribunals Rules of Procedure 2013 to decide on the available material whether a determination can be made and, if it can, obliged to issue a judgment which may determine liability and remedy. I consider the above judgment appropriate because the claim form does enable me to find the claims proved on a balance of probability but, even having the benefit of further information provided by the claimant, not enough to decide to remedy.[2]Ms Gemma Witton presented a claim on 14 May 2020 (number 2500947/20) naming Ms Angela Gleghorn and Mosaic Beauty as two separate respondents but, as the particulars of claim made clear, the latter is a trading name of the former. It was sent to the respondent on 22 June 2020. A response form was due by 20 July 2019 but none was received. On 27 July 2020 I gave judgment on liability only under Rule 21 at which time I was unaware of this claim. Nothing addressed to the respondent’s place of business had been returned undelivered in that case or this one. Although hair and beauty businesses were closed during the Covid 19 “lockdown” that would not excuse an owner not visiting the premises to check the post. I had concerns that may have happened in 2500947/20. No application for reconsideration has been received in that case. The information provided in this case strengthens my view the premises were open when notice of this claim was sent and judgment in the other claim Case Number 2501247/20 2[3]Although there are slight differences the common questions of fact and law in both cases merit hearing remedy in both together. EMPLOYMENT JUDGE T M GARNON Judgment Authorised by the Employment Judge on 25 August 2020 Case Number: 2501247/2020 CMD-Ord 1 of 3 August 2020 EMPLOYMENT TRIBUNALS Claimant: Mrs K Wilson Respondent: Angela Gleghorn (also known as Angela Littlemore) trading as Mosaic Hair and Beauty Heard at: Newcastle (by video link) On: 29 October 2020 Before: Employment Judge S Shore Appearances For the claimant: In Person For the respondent: No appearance REMEDY JUDGMENT[1]In a Judgment dated 25 August 2020, Employment Judge Garnon found that the claimant’s claims of unfair dismissal, breach of contract (failure to pay notice pay) the right to a redundancy payment, compensation for untaken annual leave and unauthorised deduction of wages were all well-founded. The Judgment was made under Rule 21 of the Employment Tribunals Rules of Procedure 2013.[2]Having heard evidence from the claimant, I find that she was paid an average of £187.00 per week gross by the respondent and £184.48 per week net by her. She worked three days per week and her holiday year ran from 1 January.[3]The respondent, Angela Gleghorn, shall pay the claimant compensation calculated as follows: Unfair Dismissal 2.1. A Basic Award calculated as six weeks’ pay (at £187.00 gross per week), being a total of £1,112.00, but no basic award is payable, as the reason for dismissal is redundancy and the basic award is set off against the redundancy payment. 2.2. A Compensatory Award for losses to the date of this hearing, which is calculated on the basis of average net weekly pay of £184.48 from the effective date of termination (3 April 2020) to the date of this hearing (29 October 2020). 2.3. The calculation for the period of lockdown is calculated at 80% of the claimant’s average weekly net wage (£184.48) for 7 weeks from 4 April Case Number: 2501247/2020 CMD-Ord 2 of 3 August 2020 2020 to 3 July 2020, when beauty salons were permitted to reopen in England – 7 weeks at £184.48 x 80% = £1033.09. 2.4. The period from 4 July 2020 to 29 October 2020 is calculated at 100% of the claimant’s average weekly wage. That is 17 weeks at £184.48 per week = £2,524.16, less £233.68 earned by the claimant in September 2020 and £384.44 earned by her in October 2020 = £1,906.04. 2.5. A Compensatory Award for future loss for a period of 26 weeks at £95.76 per week (the difference between her net weekly pay with the respondent and her net weekly pay in self-employment) = £2,489.76. 2.6. Loss of statutory rights - £250.00. 3. The total award is for unfair dismissal £5,678.89.[4]The Employment Protection (Recoupment of Benefits) Regulations 1996 apply: 4.1. The total monetary award payable to the claimant for her unfair dismissal claim is £5,678.89. 4.2. The prescribed element is £2,939.13. 4.3. The prescribed period is from 03/04/2020 to 29/10/2020. 4.4. The difference between the total monetary award and the prescribed element is £2,739.76. 4.5. The effect of Employment Protection (Recoupment of Benefits) Regulations 1996 is that the Secretary of State may recoup the benefits paid to the Claimant (or the prescribed element if less) by serving a notice on the Respondent within 21 days from when the Tribunal’s decision is sent to the parties or as soon as practicable thereafter. The effect of the notice is that the Respondent must pay the recoupable amount to the Secretary of State and the balance of the prescribed element to the Claimant. Accordingly, the Respondent is not obliged to pay the prescribed element of compensation to the Claimant until either the Secretary of State has served a recoupment notice on it, or the Secretary of State has notified it in writing that it does not intend to do so. The prescribed element is any amount ordered to be paid and calculated under section 123 Employment Rights Act 1996 in respect of compensation for loss of wages before the conclusion of the Tribunal proceedings, i.e. £2,939.13. Breach of Contract 4.6. The claimant’s contractual entitlement to notice was six weeks’ pay, calculated as 6 x £187.00 = £1,112.00. Unpaid Annual Leave 4.7. The claimant was entitled to 3.5 days paid leave at the effective date of her termination of employment, which is calculated as £215.23. Case Number: 2501247/2020 CMD-Ord 3 of 3 August 2020 Unauthorised Deduction of Wages 4.8. The claimant was not paid two weeks’ sick pay, which is calculated as £191.70. Redundancy Payment 4.9. The claimant’ redundancy payment is calculated as six weeks’ pay (at £187.00 gross per week), being a total of £1,112.00. Total 4.10. The total payable by the respondent to the claimant is £8,309.82.