Miss H Slender v Beaumont Healthcare Ltd (in Liquidation): 3311514/2023
JUDGMENT
[1]The complaint of unfair dismissal is well-founded. The claimant was unfairly dismissed.[2]At the time of the dismissal there is a 5% chance the claimant would have been dismissed in any event.[3]The respondent shall pay the claimant £11,046.26 made up of the following sums:a. A basic award of £1,726 gross calculated as follows: i. The Claimant was 39 at the date of dismissal and had completed 19 years’ service. She is entitled to one weeks' gross pay for each complete year of service, subject to the statutory maximum. ii. The Claimant’s gross pay was £784 per week. This exceeds the statutory maximum of £700, which therefore applies to this award. iii. The total basic award before any deductions and applying the statutory maximum of £700 (in 2023/2024) is therefore £13,300. (19 x 1 x £700). 6.4 Strike Out Judgment – response - rule 37 Case No: 3311514.2023 iv. The redundancy payment of £11,574 is deducted from this award (£13,300 - £11,574 = £1,726).b. A compensatory award of £9,320.26 net calculated as follows: i. Loss of net earnings from dismissal until date all employees left as company ceased trading: 17 full weeks (13 July 2023 to 15 November 2023) x net weekly pay (£587.40) = £9,985.80. ii. Plus loss of statutory rights: £500. iii. Less earnings: (13/7/23 to 15/11/2023) £675. iv. £9,810.80 net reduced by 5% (£490.54) = £9,320.26 net. v. There is no future award as the company ceased trading and there were no employees from 15 November 2023.