Mrs D Denegri v Seine Investments Ltd: 3206622/2021
JUDGMENT
[1]The claim for a Redundancy payment based on 10 complete years of service is well-founded and succeeds. The Respondent is ordered to pay to the Claimant a further £2,668.28 (in addition to the sum it has already paid).[2]The claim for breach of contract succeeds in that the Claimant was only given 4 weeks’ notice of termination of employment instead of 10 weeks’ to which she was entitled. The Respondent is ordered to pay to her a further £1779.19 (in addition to the sums it has already paid amounting to 5 weeks’ pay less 34p).[3]The claim for unpaid wages is dismissed upon withdrawal, the Respondent having already paid the sums claimed.[4]The Respondent was in breach of its duty under section 1 of the Employment Rights Act 1996 (to give a written statement of employment particulars). It is just and equitable to award the Claimant 4 weeks’ pay in respect of this breach under section 38(3) of the Employment Act 2002. The Respondent is ordered to pay to the Claimant £1,423.08. Case Number: 3206622/2021 In total the Respondent must pay to the Claimant a further £5,870.55 (in addition to sums it has already paid to her). This judgment follows from my decision that there was a relevant transfer of undertaking between Cabot Developments Limited and the Respondent on 27 August 2016.