Ms C Willey v N Armstrong T/a Willow Tree Deli: 2501403/2020

EMPLOYMENT TRIBUNALS

Case No 2501403/2020

Between

Ms C WilleyClaimant

N Armstrong T/a Willow Tree DeliRespondent

Before

Employment Judge Newburn

In person for claimant

Not represented for respondent

Date 12 March 2021

JUDGMENT

[1]The Claimant was dismissed on 23 March 2020 by reason of redundancy.

[2]The Claimant’s claim for a statutory redundancy payment succeeds and the Respondent is ordered to pay £94.08 (£131.36 x 3 less £300 paid to the Claimant by the Respondent).

[3]The Claimant’s claim for breach of contract brought under the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 succeeds in respect of the Claimant’s claim for notice pay and the Respondent is ordered to pay the net sum of £394.08 in respect of 3 weeks’ notice.

[4]The Claimant’s claim for unlawful deduction from wages in respect of her holiday pay succeeds and the Respondent is ordered to pay the gross sum of £414.61 this being 50.5 hours pay in lieu of untaken holiday; This is a gross award and the Claimant shall be liable to the Inland Revenue for any payments of tax and national insurance thereon.

[5]The Claimant’s claim for unfair dismissal is well founded. However, no compensation is due to the Claimant in respect of her unfair dismissal because: 5.1. The basic award is extinguished by the award for a redundancy payment. 5.2. No compensatory award is due as there was a 100% chance that the Claimant would have been dismissed had a fair redundancy procedure been followed. Accordingly, the compensatory award is reduced by 100% pursuant to the principles in Polkey v A E Dayton Service Limited

1988 ICR 142

[6]This makes a total award of £902.77.

[7]The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 do not apply to these awards. EMPLOYMENT JUDGE NEWBURN