Miss K Siggers v S Pateman: 3307290/2020
JUDGMENT
[1]The Claimant was dismissed in breach of contract and is entitled to damages in lieu of notice pay in the sum of £5,233.32.[2]The Claimant was redundant and is entitled to a redundancy payment of £8,085.00.[3]The Claimant’s complaint that she was not paid for accrued but untaken holiday is dismissed.REASONS
[1]The Claimant was employed by the Respondent, a sole trader, from 1 January 2005 until 6 April 2020.[2]The Claimant’s weekly gross pay was £490.00 and her net weekly pay was £436.11.[3]The Claimant was born on 19 September 1975.[4]The Claimant’s employment ended on 6 April 2020 when the Respondent closed his business (P and F Services) without paying the Claimant any notice pay, nor paying a redundancy payment.[5]The Claimant brought claims for those sums, together with holiday pay but did not have any evidence before me regarding her holiday entitlement or Case Number: 3307290/2020 holidays taken (in respect of which there was some dispute but neither side produced any relevant paperwork or gave any relevant evidence).[6]The Claimant was entitled to 12 weeks’ notice. Damages for that breach of contract (12 x £436.11) amounts to £5,233.32.[7]The Claimant was employed by the Respondent for 15 years. She worked for three full years when she was over the age of 41 and her statutory redundancy payment is therefore: (12 x 1) + (3 x 1.5) = 16.5 x £490 = £ 8,085.00. 20 July 2022