Miss G Rees v PCP (Luton) Ltd and PCP Housing: 2600750/2020
JUDGMENT
The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 apply to the unfair dismissal element of this award. After hearing the evidence and submissions of each party, the Tribunal unanimously concludes as follows:[1]Continuous employment: The first respondent continuously employed the claimant from 19 September 2016 until 15 November 2019. Therefore, the claimant has sufficient qualifying service to bring a claim for unfair dismissal and redundancy pay.[2]Redundancy payment: The first respondent dismissed the claimant for redundancy. Therefore, the first respondent must pay to the claimant a redundancy payment of £979.68;[3]Unfair dismissal: The first respondent unfairly dismissed the claimant for the potentially fair reason of redundancy. The Tribunal concludes the first respondent must pay to the claimant the following compensation: 3.1. A basic award of zero because the amount of the basic award (£979.68) is reduced to zero by the redundancy payment being set against it; 3.2. An award for loss of earnings for the period 16 November 2019 to 15 December 2019 (the prescribed period) of £1,415.07 plus Page 1 of 2 Case No 2600750.2020 loss of pension contribution of £34.64 totalling £1,449.71 (the prescribed amount) 3.3. Compensation for loss of statutory rights of £500; and 3.4. Consequential expenses of £40.[4]Notice pay: the first respondent has failed to pay all of the claimant’s notice pay. It must therefore pay to the claimant the sum of £628.92.[5]Holiday pay: the claimant’s claim that the respondents failed to pay her holiday pay on termination of her employment is dismissed because the claimant withdrew it.[6]Direct discrimination: 6.1. the claimant’s claim that the respondents directly discriminated against the claimant because of her sex is dismissed 6.2. the claimant’s claim that the respondents directly discriminated against the claimant because of her disability is dismissed[7]Failure to make reasonable adjustments: the claimant’s claim that the respondents failed to make reasonable adjustments is dismissed. The total payable under this award is £3,598.31 of which the balance of the total payable less the prescribed element is £2,148.60.