Ms E Sahai v Reem Clothing Ltd (in voluntary liquidation): 3314530/2023
JUDGMENT
[1]The respondent has made unauthorised deductions from the claimant’s wages and is ordered to pay the claimant the gross sum of £1,500 (subject to tax and National Insurance).[2]The claimant was dismissed in breach of contract in respect of notice and the respondent is ordered to pay damages to the claimant in the gross sum of £16,250 (subject to tax and National Insurance).[3]The respondent has failed to pay the claimant’s holiday entitlement and is ordered to pay the claimant the gross sum of £1,250 (subject to tax and National Insurance). Approved by:[1]The respondent has failed to comply with a requirement of section 188 Trade Union and Labour Relations (Consolidation) Act 1992. The claim for a protected award succeeds.[2]The tribunal makes a protective award as follows:2.1 The category of employees affected: All employees who worked at the respondent’s Establishment Unit 16, 18 Redburn Industrial Estate, Woodhall Road, Enfield, Middlesex, EN3 4LE and who were dismissed as redundant on or after 28 September 2023.2.2 The protected period begins on 28 September 2023.2.3 The protected period is 90 days.2.4 The Recoupment Regulations apply.REASONS
[1]There were more than 20 employees at the establishment at which the claimant worked.[2]The claimant presented her claim for a protective award within the statutory time limit. Case Number: 3314530/2023[3]There was no recognised trade union nor elected employee representatives at the establishment. 4. 20 or more employees were made redundant or were at risk of redundancy on 28 September 2023.[5]The claimant and other employees were dismissed without the minimum statutory consultation period.[6]There was minimal consultation, and the protective award should be for the maximum period. Approved by: