Mrs L Lucas v Harp Commercial Interiors Ltd (in Creditors’ Voluntary Liquidation) and Secretary of State for Business Energy and Industrial Strategy: 3200398/2023
JUDGMENT
Upon determining that the Claimant was given notice of dismissal by reason of redundancy on 31 October 2022 and that her employment terminated on 4 November 2022, the judgment of the Tribunal on liability is that: -[1]the First Respondent made an unauthorised deduction from the Claimant’s wages by failing to pay the Claimant in respect of the period worked by her during her notice period between 1 and 4 November 2022;[2]the Claimant was dismissed in breach of contract (failure to pay notice pay);[3]the Claimant’s claim in respect of unpaid holiday pay was not pursued at the hearing and is dismissed. The judgment of the Tribunal on remedy is that:[4]there is no entitlement to any further award in relation to the unauthorised deduction from wages claim, the Insolvency Service Case Number: 3200398/2023 having already made a payment to the Claimant in respect of arrears of pay for the period 1-4 November 2022;[5]in respect of the breach of contract claim, the Claimant is entitled to one month’s pay (£2,560.18 gross), less the sum already paid to her by the Insolvency Service in relation to the four days worked during her notice period (£361.85), and the sum already paid to her in relation to notice pay (£417.32); the Tribunal makes an award in the amount of £1781.01 gross;[6]the Tribunal declines to award an ACAS uplift.