Miss D G Piccione v Layla's Lengths Ltd: 3302992/2023
JUDGMENT
[1]The Claimant was unfairly dismissed.[2]The Claimant is entitled to a basic award in the sum of: £862.00[3]The Claimant is awarded a compensatory award of 12 weeks’ pay (less two weeks’ pay made in lieu of notice), in the sum of: £3,560.00[4]The Claimant was not paid her week “lying on” and is awarded a further sum of: £356.00[5]The Total Award payable to the Claimant is: £4,778.00[6]The Claimant’s claims for unpaid holiday pay and unpaid pension are dismissed on withdrawal.REASONS
[1]The Claimant was employed by the Respondent from 12 September 2020 until 6 February 2023, when she was dismissed by text message and later confirmed by email.[2]The Claimant commenced Early Conciliation on 19 February 2023 and her Early Conciliation Certificate is dated 9 March 2023.[3]By a Claim Form dated 23 March 2023, the Claimant presented claims for unfair dismissal, non-payment of her week in hand, non-payment of outstanding holiday pay and non-payment of pension contributions.[4]Subsequently the Claimant’s holiday pay and pension contributions were paid. She was paid two weeks in lieu of notice but was not paid for her week in hand.[5]The matters giving rise to the claim occurred on 5 February 2023. The Claimant asked on that day to take a half day on 6 February 2023 which the Respondent agreed to. The Respondent’s Director Ms Virdee told the Claimant that she would attend the Respondent’s premises (a hairdressing salon) at 12 noon on 6 February 2023 to give the Claimant access to work.[6]At 9.31am that day, the Respondent told the Claimant that she would not attend until 1pm.[7]At 11.55am the Respondent told the Claimant that she would not be allowing the Claimant access to the premises and that she would not be paid.[8]There was thereafter a heated argument by telephone between the parties and later that day the Respondent sent the Claimant a text message dismissing her, which was confirmed later by email.[9]The Respondent did not attend today’s Hearing and nor did the Respondent’s Representatives. By email dated 18 September 2023, Peninsula Business Services Limited notified the Tribunal that they were appointed to represent the Respondent in this case. By email of 21 October 2023 the Respondent personally applied for a postponement of today’s Hearing which was rejected by Employment Judge Hyams on 23 October 2023, that confirmation being sent to the Respondent’s Representatives.[10]In the absence of any representation on behalf of the Respondent, and in the absence of the Respondent personally, the Claimant’s statement was accepted. She was unfairly dismissed and gave evidence regarding her losses. She worked for two months part time in a tanning salon whilst she was looking for work and eventually found work in July of this year. The appropriate period of loss was 12 weeks for which the Claimant had been paid 2 weeks in lieu of notice, leaving 10 weeks loss at her previous salary of £356.00 per week. 6 November 2023