Mrs G Dawson v Tunc Ltd: 3314546/2020
JUDGMENT
The unanimous Judgment of the Employment Tribunal is that: -[1]It was appropriate to proceed with the hearing in the absence of the respondent, under rule 47 of the Employment Tribunal Rules of Procedure 2013. The Tribunal satisfied itself that the respondent had received the notice of hearing, there was explanation for the respondent’s non-attendance, no application for a postponement and reasonable enquiries had been undertaken about the reasons for the respondent’s absence.[2]Under s13 Employment Rights Act 1996, the claimant was not paid wages for work undertaken between February 2020 and her dismissal on 12 July 2020.[3]The claimant was owed accrued and untaken holiday pay, under regulation 30 the Working Time Regulations 1998.[4]The claimant was dismissed in breach of contract and was owed her notice pay.[5]Pursuant to Part IVA Employment Rights Act 1996, the claimant made a protected disclosure on 3 July 2020. Case Number: 3314700/2020 & 3300591/2021[6]The claimant suffered 1 of the 2 detriments claimed in her Claim Form (i.e. the detriment identified under 4.5.2 of the list of issues)[7]The claimant was automatically unfairly dismissed, in breach of s103A Employment Rights Act 1996.[8]Accordingly, the claimant is awarded compensation as follows: £ £ Unpaid wages* February 2020 202.68 March 2020 600.00 25 May 2020 – 30 April 2020 2,016.00 July 2020 1,015.00 3,833.68 Holiday pay* 1,015.00 Notice pay* 1,820.00 Detriment for making a public interest disclosure Injury to feelings 12,000.00 Automatic Unfair dismissal Loss of earnings*: 9 weeks @ £420.00 3,780.00 TOTAL 22,448.68 *These amounts are awarded gross so may be liable for tax and national insurance deduction, as appropriate.