Miss D McShane v Owen Owen (Western) Ltd (in liquidation) and SoS for Business, Energy & Industrial Strategy: 3314683/2021
JUDGMENT
[1]The Claimant was unfairly dismissed, and is entitled to a redundancy payment[2]The Claimant’s contractual right to notice was breached, and she is entitled to pay in lieu of notice[3]The Claimant suffered unlawful deductions from wages The Claimant is owed holiday pay[5]The Claimant is entitled to an award for loss of statutory rights[6]The Claimant was not provided with a written statement of particulars Case Number: 3314683/2021 REMEDY[1]The second respondent is ordered to pay the claimant a redundancy payment of £2,793.26 (gross)[2]The second respondent is ordered to pay the claimant the gross sum of £150 in relation to unpaid wages[3]The second respondent is ordered to pay the claimant the gross sum of £38.94 in relation to accrued but unused holiday[4]The second respondent is not required to make any separate payment in relation to notice pay as this has already been paid (see schedule below)[5]The second respondent is ordered to pay the claimant the gross sum of £500 in relation to loss of statutory rights[6]The second respondent is ordered to pay the claimant the gross sum of £500 in relation to failure to provide a written statement of particulars[7]The first respondent is ordered to pay the claimant the gross sum of £380 in relation to preparation time In respect of any gross amount, the respondent can comply with this element of the award by deducting and paying any relevant tax and national insurance, and by providing evidence that this has been paid, before paying the net amount to the claimant. If this is not done, the gross amount is payable to the claimant. Schedule Redundancy 12 years at: 1.5 weeks (age over 41 throughout employment) x £2501 per week = £4,500 less amount already paid - £1,706.72 = £2793.26 Notice pay 12 weeks x £250 (net weekly rate) = £3,000 less amounts already paid - £1586 - £1420 = £-6.01[1]There was evidence presented to the Tribunal that this was the correct weekly pay at the time of dismissal Case Number: 3314683/2021 Holiday pay 9 days x £50 (gross daily rate) = £450 less amount already paid - £405.05 less overpaid notice pay - £6.01 = £38.94 Unpaid wages 3 days x £50 (gross daily rate) for 28, 29 & 302 June 2021 = £150 Loss of statutory rights = £500 Failure to provide statement of written particulars 2 weeks x £250 (gross daily rate) = £500 Unfair dismissal Basic Award offset by redundancy payment – no award made Compensatory Award – 100% Polkey deduction applied to reflect that the claimant would have been dismissed within the 12-week notice period if a fair procedure was followed – no award made Preparation Time Order 10 hours x £38 (statutory cap) = £380 Interest accrues at a daily rate of 8% from the date of judgment, unless payment is made within 14 days.[2]There was evidence before the Tribunal that this was termination date Case Number: 3314683/2021