G Rodgers v Hook’d on Food Ltd: 2501613/2023
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The complaint in respect of a statutory redundancy payment under section 163 Employment Rights Act 1996 is well founded and succeeds. The Respondent is ordered to pay to the Claimant a redundancy payment in the sum of £1,605.12.[2]The complaint of breach of contract in respect of the failure to give 4 weeks’ notice is well founded and succeeds. The Respondent is ordered to pay to the Claimant damages in the sum of £700.50.[3]The total amount to be paid to the Claimant is £2,305.62.[4]The hearing on 19 September 2023 will not now take place.REASONS
[1]On 27 June 2023, the Claimant presented a Claim Form to the Tribunal in which she brought a claim for: 1.1. A statutory redundancy payment; 1.2. Payment of notice;[2]The proceedings were served on the Respondent at the address provided by the Claimant, which is the Respondent’s registered office, with a response date of 17 August 2023. No response was returned.[3]Under rule 21 of the Tribunal Rules of Procedure 2013, where on the expiry of the time limit in rule 16 no response has been presented and no application for a reconsideration is Case No:2501613/2023 4.17 Rule 21 judgment – universal template. September 2017 outstanding, an employment Judge shall decide whether on the available material, a determination can properly be made of the claim or part of it. If there is, the judge shall issue a judgment, otherwise a hearing must be fixed before a judge alone.[4]The Claimant wrote to the Tribunal, on 25 August 2023 providing a breakdown and explanation of the amounts claimed.[5]The Claimant was employed as a Barista/cook and supervisor by the Respondent. She commenced employment on 14 March 2003 and was dismissed on 28 April 2023 having completed 4 years of continuous employment. The reason for the termination of her employment was the closure of her place of work. Although there was some vague discussion in advance about the possibility of closing the business, the Claimant was given no notice of dismissal prior to the actual closure. At the date of dismissal, she was 29 years old. For her normal working week of 32 hours a week, the Claimant was entitled to be paid £401.28 gross per week. This consisted of 18 hours a week at the supervisor rate of £14.01 and 14 hours at the regular rate of £10.65. Her net weekly wage after tax and NI was £350.25.[6]The reason for the Claimant’s dismissal being redundancy she was entitled to a statutory redundancy payment. The calculation is: £401.28 x 4 = £1,605.12.[7]She was entitled to four weeks’ notice. However, she was in fact only given two weeks notice (which she worked and for which she was paid). Therefore, her employment was terminated by the giving of shorter notice than that to which she was entitled. The total amount of the outstanding notice pay comes to £700.50 (£350.25 x 2). Following termination of her employment she was paid £500 towards her notice, leaving an outstanding net amount of £200.50.[8]I was satisfied that I had sufficient information to enable me to issue a judgment in respect of the claims for statutory redundancy and outstanding notice pay. Employment Judge Sweeney Date: 4 September 2023 Case No: 2501613/2023 EMPLOYMENT TRIBUNALS Claimant: Gillian Rodgers Respondent: Hook'd on Food Limited CERTIFICATE OF CORRECTION Employment Tribunals Rules of Procedure 2013 Under Rule 69, the judgment sent to the parties on 5th September 2023, is corrected as set out underlined at paragraphs 2 and 3 of the corrected judgment. Employment Judge Sweeney Date: 9th November 2023 Important note to parties: Any dates for asking for written reasons, applying for reconsideration or appealing against the judgment are not changed by this certificate of correction and corrected judgment. These time limits still run from the date the original judgment or reasons were sent, as explained in the letter that sent the original judgment. Case No: 2501613/2023 EMPLOYMENT TRIBUNALS Claimant: Gillian Rodgers Respondent: Hook’d on Food Limited[1]The complaint in respect of a statutory redundancy payment under section 163 Employment Rights Act 1996 is well founded and succeeds. The Respondent is ordered to pay to the Claimant a redundancy payment in the sum of £1,605.12.[2]The complaint of breach of contract in respect of the failure to give 4 weeks’ notice is well founded and succeeds. The Respondent is ordered to pay to the Claimant damages in the sum of £200.50.[3]The total amount to be paid to the Claimant is £1,805.62.[1]On 27 June 2023, the Claimant presented a Claim Form to the Tribunal in which she brought a claim for: 1.1. A statutory redundancy payment; 1.2. Payment of notice;[2]The proceedings were served on the Respondent at the address provided by the Claimant, which is the Respondent’s registered office, with a response date of 17 August 2023. No response was returned. Case No: 2501613/2023[3]Under rule 21 of the Tribunal Rules of Procedure 2013, where on the expiry of the time limit in rule 16 no response has been presented and no application for a reconsideration is outstanding, an employment Judge shall decide whether on the available material, a determination can properly be made of the claim or part of it. If there is, the judge shall issue a judgment, otherwise a hearing must be fixed before a judge alone.[4]The Claimant wrote to the Tribunal, on 25 August 2023 providing a breakdown and explanation of the amounts claimed.[5]The Claimant was employed as a Barista/cook and supervisor by the Respondent. She commenced employment on 14 March 2003 and was dismissed on 28 April 2023 having completed 4 years of continuous employment. The reason for the termination of her employment was the closure of her place of work. Although there was some vague discussion in advance about the possibility of closing the business, the Claimant was given no notice of dismissal prior to the actual closure. At the date of dismissal, she was 29 years old. For her normal working week of 32 hours a week, the Claimant was entitled to be paid £401.28 gross per week. This consisted of 18 hours a week at the supervisor rate of £14.01 and 14 hours at the regular rate of £10.65. Her net weekly wage after tax and NI was £350.25.[6]The reason for the Claimant’s dismissal being redundancy she was entitled to a statutory redundancy payment. The calculation is: £401.28 x 4 = £1,605.12.[7]She was entitled to four weeks’ notice. However, she was in fact only given two weeks notice (which she worked and for which she was paid). Therefore, her employment was terminated by the giving of shorter notice than that to which she was entitled. The total amount of the outstanding notice pay comes to £700.50 (£350.25 x 2). Following termination of her employment she was paid £500 towards her notice, leaving an outstanding net amount of £200.50.[8]I was satisfied that I had sufficient information to enable me to issue a judgment in respect of the claims for statutory redundancy and outstanding notice pay.