Mrs V Beckinsale v Raja Care Homes Ltd: 3201666/2017 Mrs V Beckinsale v Raja Care Homes Ltd: 3201666/2017
JUDGMENT
[1]The Respondent failed to pay the Claimant notice pay to which she was entitled.[2]The Claimant is entitled to be paid a redundancy payment by the Respondent.[3]The Respondent shall pay the Claimant £2,115 gross notice pay.[4]The Respondent shall pay the Claimant redundancy pay in the sum of £2,700.REASONS
[1]By a claim form presented on 6 December 2017 the Claimant brought complaints of unlawful deductions from wages, unpaid notice pay and failure to pay a redundancy payment, against the Respondent, her former employer.[2]At todays’ hearing, the Claimant stated that she had been employed by the Respondent as from 1 December 2010 until 11 September 2017 (6 complete years) and was paid £1,950 gross per month. The Claimant gave her date of birth as 25 April 1980. She would therefore have been under the age of 41 throughout her employment. £1,950 gross per month equates to £23,400 gross per year and £450 gross per week.[3]On 15 December 2017 the Tribunal served the claim form, a Notice of Claim and a Notice of Hearing, giving notice of the final hearing to be held on 5 March 2018, by sending those documents to the Respondent, at its registered address.[4]The Notice of Claim told the Respondent that, if it wished to defend the claim, it must lodge a Response with the Tribunal by 12 January 2018.[5]The Respondent did not lodge an ET3 Response. On 25 January 2018, Dr Shams Tabraiz, one of the Respondent’s Directors, emailed the Tribunal, asking that the Tribunal send him the claim form, Notice of Claim and Notice of Hearing, in a number of claims, including the Claimant’s.[6]The Tribunal wrote back on 2 February 2018, saying that EJ Jones had said that the claim had been served on the Respondent by post on 15 December 2017and that time for responding had expired. EJ Jones told the Respondent that it needed to seek advice on its position. No further correspondence has been received from the Respondent by the Tribunal. The Respondent did not attend the hearing today.[7]I considered that the Respondent had been correctly served at its registered address, but that it had not presented any Response defending the claim. The Claimant did attend the hearing today and pursued her claim.[8]The Claimant also told me that she was dismissed on 11 September 2017 on the grounds of redundancy and was paid for 39 hours, at £7.50 gross per hour, for each of the next 2 weeks, in her final payslip. I accepted her evidence. £7.50 x 39 x 2 = £585 gross. She was therefore paid £585 gross for 2 weeks of her notice period. The Claimant confirmed that she was eventually paid in full for all her work before 11 September 2017, so there were no deductions from her wages before her dismissal.[9]I accepted what the Claimant told me at the hearing as true.[10]I therefore determined that the Claimant’s claims for unpaid notice pay and failure to pay a redundancy payment, against the Respondent, were well founded.[11]By virtue of the Claimant’s 6 years’ employment, she was entitled to be paid 6 weeks’ notice pay. 6 x £450 = £2,700 gross. She received £585 gross for her notice period. The Respondent therefore owed her the balance of £2,115 gross for her notice pay.[12]The Claimant was also entitled to a redundancy payment from the Respondent calculated as 6 x 1.0 x 6 x £450 = £2,700 gross.[13]The Respondent failed to pay the Claimant those sums[14]I order the Respondent to pay the Claimant £2,115 for her notice pay as well as a redundancy payment of £2,700. .