Miss S Faulder v Miramar 246 Ltd (In voluntary liquidation): 2501757/2023
JUDGMENT
[1]The claim of unauthorised deduction of wages is well-founded and succeeds. The Respondent is ordered to pay to the Claimant the gross sum of £1,456.93.[2]The claim in respect of accrued but untaken holiday pay under Regulation 30 Working Time Regulations is well founded and succeeds. The Respondent is ordered to pay to the Claimant the sum of £945.[3]The claim of breach of contract in respect of the failure to give 2 weeks’ notice is well founded and succeeds. The Respondent is ordered to pay to the Claimant damages in the sum of £636.[4]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 £354.[5]The total amount to be paid to the Claimant is £3,391.93.REASONS
[6]The Claimant was employed by the Respondent from 30 June 2020 to 03 May 2023 as Duty Manager when she was dismissed without prior warning or notice by reason of redundancy. On 25 July 2023, the Claimant presented a Claim Form to the Tribunal in which she claimed a redundancy payment, damages for wrongful dismissal (notice pay), outstanding holiday pay and arrears of pay.[7]The proceedings were served on the Respondent at its registered office with a response date of 18 September 2023. However, no response was returned. Therefore, in accordance with rule 21 of the Tribunal Rules of Procedure an Employment Judge must decide whether on the available material a determination can properly be made of the claim or part of it, and to the extent that a determination can be made, the Employment Judge must issue a judgment. Case No:2501757/2023[8]The Claimant’s claim was one of a number of similar claims against the same respondent. Those claims were combined and listed for a case management preliminary hearing on 05 December 2023 at which further case management orders were made requiring further information from the Claimants.[9]At the date of termination of employment the Claimant was 20 years old and had two complete years of service with the Respondent. She worked on average 35 hours a week for which she was paid £10.10 an hour. Her gross weekly pay averaged £354 (calculated at £10.10 an hour). with a net wage of approximately £318. For the purposes of calculating any statutory redundancy payment she is entitled to 0.5 week’s pay for each full year worked when under the age of 22, resulting in a redundancy payment of £354.[10]As at the date of dismissal, the Respondent had failed to pay her in respect of hours worked in the previous 4 weeks as follows: (week 1) 44.5 hours; (week 2) 35 hours; (week 3) 52.75 hours; (week 4) 12 hours: leaving a total of 144.25 hours which was payable by 08 May 2023. She had accrued 93.56 hours of untaken holiday, in respect of which she had not been paid.[11]I was satisfied that I had sufficient material to properly determine the claims for redundancy, unlawful deduction of wages, holiday pay and notice. Therefore, it was appropriate for a judgment to be issued to that effect.