Mrs C Ashworth v Homan Tyre Company Ltd: 3307224/2023
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21[1]The claimant was dismissed in breach of contract in respect of notice and the respondent must pay damages to the claimant of £466.88.[2]The claimant was dismissed by reason of redundancy and is entitled to a redundancy payment of £791.25.[3]The respondent has failed to pay the claimant’s holiday entitlement and must pay the claimant the sum to be determined at a remedy hearing.[4]The claim of unfair dismissal and failure to provide a contract of employment succeeds and the remedy to which the claimant is entitled will be determined at a Remedy Hearing. _____________________________ Employment Judge Hutchings Date: 9 July 2024[1]When the proceedings were begun the respondent was in breach of its duty to provide the claimant with a written statement of employment particulars. There are no exceptional circumstances that make an award of an amount equal to two weeks’ gross pay unjust or inequitable. It is just and equitable to make an award of an amount equal to four weeks’ gross pay. In accordance with section 38 Employment Act 2002 the respondent shall therefore pay the claimant £974.48. Written reasons for dismissal - section 92 and 93 ERA[2]The respondent unreasonably failed to provide written reasons for dismissal, such reasons having been requested by the Claimant, and/or such reasons as were provided by the Respondent were inadequate or untrue. The Claimant is awarded 2 weeks’ gross pay £487.24 in accordance with section 93 of the Employment Rights Act 1996. Holiday Pay[3]The complaint in respect of holiday pay is well-founded. The respondent failed to pay the claimant in accordance with regulation 14(2) and/or 16(1) Case No: 3307224/2023 10.2 Judgment - rule 61 February 2018 of the Working Time Regulations 1998.[4]The respondent shall pay the claimant the gross sum of £340.83 in respect of the annual leave to which the Claimant had accrued entitlement at the time of her dismissal. Unfair Dismissal[5]The claimant was found to have been unfairly dismissed by reason of redundancy in a judgment issued on 9 July 2024, under which the claimant was awarded a redundancy payment of £791.25. The Claimant accordingly has no entitlement to a basic award.[6]It is likely that the claimant would have been fairly dismissed in any event within 8 weeks of the date of her dismissal on 1 April 2023.[7]The respondent shall pay the claimant the following sums:(a) A basic award of £0.(b) A compensatory award of £1,866.32 being 8 weeks’ net pay.[8]The Employment Protection (Recoupment of Benefits) Regulations 1996 do not apply because the Claimant’s dismissal was by reason of redundancy.