Miss J Young v Hospitality Administration Services Ltd: 2502003/2023
JUDGMENT
[1]The claim for a statutory redundancy payment is well founded and succeeds.[2]The claim under regulation 30 of the Working Time Regulations 1998 for failure to pay outstanding accrued holiday pay is well-founded and succeeds.[3]The Claimant’s claim of unfair dismissal is well-founded and succeeds. REMEDY[4]Statutory Redundancy Payment: 4.1. The Respondent is ordered to pay the Claimant a redundancy payment in the sum of £1,072.50. This has been calculated as follows: 4.1.1. Gross weekly wage: £429 4.1.2. Age of date of dismissal: 23 4.1.3. Number of complete years’ continuous employment: 4 (£429 x 2.5)[5]Holiday pay: 5.1. The Respondent is ordered to pay to the Claimant the gross sum of £566.28. This has been calculated as follows: 5.1.1. Number of days holiday entitlement in holiday year 01/01/23 to 31/12/24: 28 5.1.2. Number of days accrued in that holiday year: 11.6 5.1.3. Number of days taken in that year: 5 5.1.4. Balance outstanding: 6.6 5.1.5. Daily rate of pay: £85.80 (6.6 x £85.80)[6]Unfair Dismissal:[7]The Respondent is ordered to pay to the Claimant the sum of £10,246 consisting of: 7.1. A Basic Award of £0 (the basic award of £1,072.50 having been cancelled out by the statutory redundancy payment) 7.2. A Compensatory Award of £10,246. This has been calculated as follows: Period A 7.2.1. Net loss of income from 01 June 2023 to 10 October 2023 (period of unemployment): £6,290. Period A losses = £6, 290 Period B 7.2.2. Net losses from 10 October 2023 to 08 January 2024 (period of part time employment): £4,800 LESS 7.2.3. Net income received in that period: £1,344. Period B losses = £3,456 Period C 7.2.4. Net loss of income from 08 January 2024 (Claimant from this date earning £1,608 net a month): £0 Period C losses = £0 Total loss Periods, A, B & C = £9,746 7.2.5. Loss of Statutory Rights: £500 7.2.6. Total Compensatory Award: £10,246 (£9,746 + £500)[8]For the purposes of the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 (‘the Regulations’) the Prescribed Period is 01 June 2023 to 15 January 2024, being that part of the compensatory award in respect of immediate loss of earnings.[9]I have applied the Regulations as follows: 9.1. Prescribed Period: 01 June 2023 to 15 January 2024 9.2. Prescribed Element: £9,746