Mr C S Chau and others v Lotus Afloat Ltd and others: 3219991/2020 and others
JUDGMENT
The claimants withdrew their complaints against the third and fourth respondents. The claims against the third and fourth respondents are dismissed. The first and second respondents have not defended these proceedings. The claimants were unfairly dismissed. The claimants were wrongfully dismissed. The remedy due to the claimants for their successful claims will be determined at a remedy hearing, the date of which will be notified to the parties in due course. Case Numbers: 3219991/2020, 3220496/2020 & 3213395/2020 V At the remedy hearing, the tribunal will also determine the complaints of outstanding holiday pay and arrears of pay. By 29 March, the claimants are to send their revised schedules of loss by email to the 2nd respondent and to the Tribunal. EMPLOYMENT TRIBUNALS Claimants:(1) Mr Coong Sang Chau(2) Mr Yuan Jie Lin(3) Ms Yu Lightbown Respondents: (1) Lotus Afloat Ltd (2) Mr Kastor Zhang Heard at: East London Hearing Centre On: 19 July 2021 Before: Employment Judge Jones Representation Claimants: Ms Lightbown was represented by Mr J Oliver (pro bono) Mr Lin in person (assisted by Ping Wang, Mandarin interpreter) Mr Chau, represented by his son, Mr Kin Respondents: no attendance or appearance REMEDY JUDGMENT By a judgment dated 8 March 2021, all three claimants were successful in their complaints of unfair and wrongful dismissal against both respondents. All three claimants’ complaints of a failure to pay notice pay succeeds. Mr Chau’s and Mr Lin’s complaints of a failure to pay holiday pay succeed. Ms Lightbown’s complaints of a failure to provide written reasons for dismissal succeeds. The respondents failed to provide all three claimants with written terms and conditions of employment. Each claimant is awarded 4 weeks wages under section 38 of the Employment Act 2002. The respondents are ORDERED to pay each claimant the following remedy: Yu Lightbown Period of service: 14 March 2016 – 30 November 2020 (4 Years) Net weekly basic pay: £167.36 (Gross £170.00) Age at termination: 40 years old Unfair Dismissal/Redundancy: Basic Award: 4 weeks’ pay for 4 years’ service x £170pw = £680 Compensatory award: - loss of wages 8 weeks (27.11.20 – 26.1.21) x £167.36 = £1,338.88 -Loss of statutory rights = £500.00 Wrongful dismissal (notice pay) 30.10.20 – 27.11.20 = £669.44 Loss of wages: 30.09.20 – 30.10.20 = £669.44 Holiday pay (79 hours x £8.37ph) = £665.42 Failure to provide a statement of terms and conditions (section 1 Employment Rights Act 1996 and section 38 Employment Act 2002) 4 x £170 = £680.00 Failure to provide written statement of reasons for dismissal 2 x £170 = £340.00 Total amount = £340.00 + ££680 + £665.42 + £669.44 + £669.44 + £500 + £1,338.88 = £5,543.18. The respondents are to pay the claimant Ms Yu Lightbown the sum of £5,543.18 for her successful claim. Mr Yu Jie Lin Period of service: 22 March 2017 – 30 September 2020 (3 years) Net weekly pay: £450.00 Age at termination: 38 years old Unfair Dismissal/Redundancy: Basic Award: 3 (1 weeks’ pay for each year of service) x £450.00 = £1,350 Loss of statutory rights: £500 Failure to provide a statement of terms and conditions (section 1 Employment Rights Act 1996 and section 38 Employment Act 2002) 4 x £450 = £1,800 Holiday pay 20 days = £1,950 Notice pay 3 weeks pay = 3 x £450 = £1,350 Total amount due to claimant: £1,350 + £500 + £1,800 + £1,950 + £1,350 = £6,950 The claimant gives credit for the sum of £1,350.00 already received from Mr Zhang, the second respondent. The respondents are ORDERED to pay the claimant, Mr Yuan Jie Lin the sum of £5,600 for his successful claim. Coong Sang Chau Period of service: 2 February 2013 – 30 September 2020 (7 Years) Weekly pay: £150 Age at termination: 65 years old Unfair Dismissal/Redundancy: Basic Award: 1.5 weeks’ pay for every year over 41 years of age x 7 years’ service x £150pw = £1,575.00 Holiday pay: 75 hours accrued but untaken @ rate of £8.33ph = £624.75 Wrongful dismissal/Notice pay: 7 x £150.00 = £1,050.00 Failure to provide a statement of terms and conditions (section 1 Employment Rights Act 1996 and section 38 Employment Act 2002) 7 x £150 = £1,050.00 Total amount due to claimant = £1,575.00 + £1,050.00 + £624.75 + 1,050.00 = £4,299.75. The claimant gives credit for the sum of £1,350.00 received from Mr Zhang, the second respondent, on 7 January 2021 The respondents are ORDERED to pay Mr Coong Sang Chau the sum of £2,949.75 for his successful claim. The respondents are therefore ORDERED to pay: - Ms Yu Lightbown £5,543.18 Mr Yuan Jie Lin £5,600 Mr Coong Sang Chau £2,949.75.