Mrs C O’Donovan v MSP Legal Services LLP: 2501660/2023
JUDGMENT
[1]The claim for a statutory redundancy payment is well founded and succeeds. The Respondent is ordered to pay the Claimant a redundancy payment in the sum of £6,077.05.[2]The claims for arrears of pay, holiday pay and notice pay shall proceed to a hearing.REASONS
[3]The Claimant was employed by the Respondent from 07 July 2003 to 05 April 2023 when she was dismissed without prior warning or notice by reason of redundancy. Following an initial rejection, her Claim Form was treated as having been presented on 07 August 2023. In that Claim Form, the Claimant claimed a statutory redundancy payment, damages for wrongful dismissal (notice pay), outstanding holiday pay and arrears of pay.[4]Different time limits apply in the case of redundancy payment claims (initially 6 months from dismissal) and the other claims referred to above (3 months from the relevant dates).[5]Some further information is required from the Claimant in relation to the claims of arrears of pay, holiday pay and notice, relating to whether those claims are in time. As regards the claim for redundancy pay, however, those considerations do not arise.[6]The Claimant was 72 years old at the date of dismissal and she had worked for 19 complete years. Her gross weekly pay was £213.23.[7]The Claim is not disputed. Her employment was terminated by reason of redundancy. I was satisfied that I had sufficient material to properly determine that claim and that it was appropriate for a judgment to be issued to that effect. The amount of redundancy pay is £213.23 x 1.5 x 19 = £6,077.05. Case No:2501660/2023 Employment Judge Sweeney _____________________________ Date: 22 December 2023 Case Number: 2501660/2023 1 EMPLOYMENT TRIBUNALS Claimant: Mrs C O’Donovan Respondent: MSP Legal Services LLP HELD at Teesside Justice Hearing Centre ON: 15 July 2024 BEFORE: Employment Judge Johnson REPRESENTATION: Claimant: In person Respondent: No attendance no appearance[1]The Tribunal is satisfied that it was not reasonably practicable for the claimant to present her complaint/claim for holiday pay, unpaid wages and notice pay before the three-month time limit which expired on 4 July 2023. The claim form was presented on 7 August 2023, which the Tribunal considers to have been within a reasonable period of time after the expiration of the time limit. Time for presentation of the claim form is extended to that date.[2]The claimant’s complaint of unauthorised deduction from wages is well founded and succeeds. The respondent is ordered to pay to the claimant the sum of £213.23 in respect of wages unlawfully deducted.[3]The claimant’s complaint of unlawful deduction from wages (failure to pay accrued holiday pay) is well founded and succeeds. The respondent is ordered to pay to the claimant the sum of £21.32 in respect of accrued holiday pay.[4]The claimant’s complaint of breach of contract (failure to pay notice pay) is well founded and succeeds. The respondent is ordered to pay to the claimant wages in lieu of notice in the sum of £2,558.76.[5]The total sum ordered to be paid by the respondent to the claimant is £2,793.31.[6]All of the above figures are net amounts and the respondent shall be responsible for the payment of any income tax and national insurance contributions thereon. Case Number: 2501660/2023 2