Miss K L Drinkell v St. James Fish Restaurant Ltd: 2601068/2023
JUDGMENT
[1]The correct name of the respondent is St. James Fish Restaurant Limited. The Tribunal’s records shall be amended accordingly.[2]The claimant’s employment began on 1 June 2014 and her effective date of termination was 21 February 2023. The reason for her dismissal was redundancy. The claimant’s claim for a statutory redundancy payment is well-founded and succeeds.[3]The respondent shall pay the claimant a statutory redundancy payment calculated as 5 weeks x 1.5 x £380.00 + 3 weeks x 1 x £380.00 = £3,990.00.[4]The claimant’s claim of unauthorised deduction from wages is well-founded and succeeds.[5]The respondent shall pay the claimant:5.1 One week’s pay in hand, being £380.00 gross, before deduction of income tax and National Insurance: and 1 of 2 Case Number: 2601068/20235.2 Two days’ pay for the week ending 26 February 2023, being £152.00 gross, before deduction of income tax and National Insurance.[6]The claimant’s claim for unpaid holiday pay was agreed by consent at the preliminary hearing on 14 August 2023 as four day’s pay.[7]The respondent shall pay the claimant four days’ pay, being £304.00 gross, before deduction of income tax and National Insurance.[8]The claimant’s claim of breach of contract (failure to pay notice pay) is wellfounded and succeeds.[9]The respondent shall pay the claimant 8 weeks’ notice x £380.00 per week = £3,040.00 gross, before deduction of income tax and National Insurance. The claimant earned £330.00 gross per week from 1 March 2023 – 7 weeks x £330.00 = £2,310.00. The respondent shall pay the claimant £730.00 gross, before deduction of income tax and National Insurance.[10]I find that the respondent’s conduct of these proceedings has been vexatious and unreasonable and order the respondent to pay the claimant’s costs of counsel for today in the sum of £2,000.00 plus VAT.