Miss A Sidorova v Cirkularis 8 Ltd (in liquidation): 3311533/2020
JUDGMENT
Employment Tribunals Rules of Procedure 2013 – Rule 21 The claim succeeds and the remedy to which the claimant is entitled will be determined at a Remedy Hearing. _____________________________ Employment Judge George Date: 10 March 2022 JUDGMENT SENT TO THE PARTIES ON .....10 March 2022............................... AND ENTERED IN THE REGISTER ........GDJ................................................. FOR THE TRIBUNAL OFFICE Case Number: 3311533/2020 1 EMPLOYMENT TRIBUNALS Claimant Respondent Mrs A Moskaliova v Cirkularis 8 Limited (In Liquidation) RECORD OF A PRELIMINARY HEARING Heard at: Cambridge (CVP) On: 17 June 2022 Before: Employment Judge R Wood Appearances For the Claimant: In Person For the Respondent: DNA JUDGMENT[1]The claim for notice pay and unpaid holiday pay was allowed on a previous occasion. It was listed today for remedy.[2]The respondent has made unlawful deductions from the claimant’s wages by failing to pay the claimant her holiday entitled of 12.5 days. The respondent is ordered to pay the claimant £1,028. This sum is a net figure.[3]The respondent was in breach of the claimant’s contract by dismissing the claimant without notice and is ordered to pay damages of one month’s salary amounting to £2,555. This sum is a net figure.REASONS
[1]In brief, the Claimant was engaged by the respondent in 2019 as a construction coordinator. She is a qualified architect. She seeks compensation for failure to make payment in respect of her notice period, and accrued holiday entitlement, both of which arise out of her dismissal on 12th August 2020. The Claimant did not have the requisite period of employment in order to bring a claim for unfair dismissal. I dismiss this claim Case Number: 3311533/2020 2[2]I find that the claimant was dismissed without notice on 12th August 2020. The respondent has not resisted the claims which remain extant. It has not advanced any evidence to establish that the claimant committed an act of gross misconduct. I accept the limited evidence I have read from the claimant that although she was on furlough and away from the UK, that she was in reasonable contact and was available to work if required.[3]I accept the claimant’s evidence that she was entitled to one months’ notice. This has not been contested by the respondent. The claimant’s net months’ salary was £2,555.[4]The claimant was entitled to 28 days annual leave. At the date of her dismissal, 12.5 days remained untalented and accrued. I accept the claimant’s evidence about this. It was not contested by the respondent. The accrued holiday entitlement was £1,028.