Miss H Loach v Smile Hair Ltd: 3303741/2018
JUDGMENT
[1]The Respondent is order to pay to the Claimant the sum of £6,463.50.REASONS
[1]In a claim form presented on 2 February 2018, Heather Loach made a claim for a redundancy payment. The Claimant whose date of birth is 11 June 1985 commenced employment with Smile Hair Ltd in August 2001. Her employment was ended by the Respondent in October 2017.[2]The Respondent filed a response in this case. They provided little by way of detail in response to the Claimant’s case save that in section 6.1 of the response form, it was stated that the Claimant is not owed the money she is claiming because she received the legal redundancy notice, holiday and sick pay at the time. The details of the sums due to the Claimant are not explained. The respondent did not attend the hearing or offer any evidence to support the response.[3]The Claimant says that she is entitled to receive 12 weeks’ notice pay. The Claimant also claims that she was entitled to receive holiday pay and that she was entitled to a redundancy payment. The Claimant values her claims at £12,576.00. The Claimant gives credit for the sum of £6,112.50 which was paid to her by the Respondent.[4]Having regard to the Claimant’s age and length of service with the Respondent, I am satisfied that the Claimant is entitled to a redundancy Page 1 of 2 Case Number: 3303741/2018 payment in the sum of £6,357.00. The Claimant is entitled to pay in respect of the month of August in the sum of £2,260.00; she is also entitled to pay in respect of September in the sum of £2,260.00; and in respect of October, she is entitled to the sum of £339.00. These are net figures, i.e. calculated after payment of tax. The Claimant is also entitled to holiday pay in respect of untaken leave in the sum of £1,360.00.[5]The sums claimed by the Claimant of £12,576.00 should give credit for the sum of £6,112.50 which has been received, leaving a balance of £6,463.50 which the Respondent is owing to the Claimant.[6]For those reasons, I adjudge that the Respondent is ordered to pay to the Claimant the sum of £6,463.50 being the outstanding balance in respect of the redundancy payment that the Claimant was entitled to receive, wages for the period from August 2017 to October 2017 and holiday pay.