Ms G Giadom v Northwest Associates Ltd: 3305427/2024

EMPLOYMENT TRIBUNALS
Case No 3305427/2024
Ms G GiadomClaimantNorthwest Associates LimitedRespondent
Employment Judge QuillDate 22 May 2026

JUDGMENT

[1]To the extent that any complaints alleging breach of contract or for holiday pay were presented, those complaints are dismissed on withdrawal. The only complaint was one alleging unfair dismissal and it was presented in time.[2]The claimant had continuous employment with the respondent between 27 September 2021 and 29 February 2024. This is a period of two complete years.[3]The dismissal reason was redundancy.[4]The claimant was unfairly dismissed on 29 February 2024.[5]Had a fair consultation process taken place there is a 100% chance that the claimant would have been dismissed at the end of that fair process[6]A fair consultation process could have been completed by no later than 7 March 2024. Even though the respondent could, in theory, have given the claimant a warning of potential redundancy earlier than 29 February 2024 they did not do so and so a fair consultation would have been one which commenced on 29 February and which concluded on 7 March 2024. Judgment: Page 1 of 4[7]The Claimant did not request an order under section 113 the Employment Rights Act 1996 ("ERA").[8]The entitlement to a basic award is 3 multiplied by a week's pay, It is necessary to give credit for the amount purportedly paid as a statutory redundancy payment[9]The compensatory award is for one week's net pay. There is no award for loss of statutory rights in the circumstances[10]The claimant is also entitled to an award in accordance with section 38 of the Employment Act 2002. That award is for two weeks’ gross pay.[11]There is no entitlement to an ACAS uplift. Remedy[12]The figures are calculated treating one week’s gross pay as £284.83 per week. The net loss for one week is assessed at £262.60, including pension loss.[13]The Respondent is ordered to pay the total sum of £1015.92, which is made up of these components: 13.1. Basic Award: [(3 x £284.83) - £670.83]: £183.66 13.2. Compensatory Award: £262.60 13.3. Employment Act 2002, Section 38: £569.66[14]The Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations 1996 (as amended) apply to this award. For that reason, the Tribunal is required to supply the following information in relation to the remedy award described in the preceding paragraphs. 14.1. The Monetary Award is: £1015.92 14.2. The Amount of the Prescribed Element is: £262.60 14.3. The dates of the period to which the prescribed element is attributable are 1 March 2024 to 7 March 2024. 14.4. The monetary award exceeds the prescribed element by £753.32 Approved by: