Ms J E Webster and others v Serendib Ltd: 2600659/2019 and others
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]All five claimants’ claims succeed.[2]Ms Webster is awarded, and the respondent must pay her, a total sum of £7,295.83 made up as follows:a. compensation for unfair dismissal, consisting of a basic award of £1233 and a compensatory award of £5709.23; a. damages for wrongful dismissal (notice pay) of £0, because any award for notice pay is subsumed within the unfair dismissal compensatory award;b. £353.60 compensation for accrued but untaken annual leave.[3]Mrs Hossack is awarded, and the respondent must pay her, a total sum of £2,809.34 made up as follows:a. compensation for unfair dismissal, consisting of a basic award of £1350 and a compensatory award of £400;b. damages for wrongful dismissal (notice pay) of £600. This is just 2 weeks’ gross pay because after 2 weeks out of work, she obtained further employment and thereby mitigated her losses;c. £459.84 compensation for accrued but untaken annual leave.[4]Miss Pye is awarded, and the respondent must pay her, a total sum of £795.56 made up as follows: Case Nos: 2600659/2019 & 4 othersa. damages for wrongful dismissal (notice pay) of £258.30;b. £537.26 compensation for accrued but untaken annual leave.[5]Ms Leishman is awarded, and the respondent must pay her, a total sum of £2,845.89 made up as follows:a. compensation for unfair dismissal, consisting of a basic award of £1826.50 and a compensatory award of £400;b. damages for wrongful dismissal (notice pay) of £562. This is just 2 weeks’ gross pay because after 2 weeks out of work, she obtained further employment and thereby mitigated her losses;c. £57.39 compensation for accrued but untaken annual leave.[6]Miss Masters is awarded, and the respondent must pay her, a total sum of £10451.95 made up as follows: b. compensation for unfair dismissal, consisting of a basic award of £1085.19 and a compensatory award of £9366.76; c. damages for wrongful dismissal (notice pay) of £0, because any award for notice pay is subsumed within the unfair dismissal compensatory award.[7]The hearing listed for 27 August 2019 is cancelled.