Mrs A Jack v DH Ceramics Ltd: 3321252/2019
JUDGMENT
[1]For the purposes of calculating the financial remedies to which the claimant is entitled consequent upon the default judgment of Employment Judge Manley dated 7 January 2020, having heard evidence from the claimant today, it is found: 1.1. The claimant’s gross basic pay per week was £330.90. 1.2. The claimant’s net pay per week was £284.55 to which must be added the employer’s pension contribution of £6.38 per week. 1.3. The claimant was employed for 29 complete years, the last twenty of which she was aged over 40. 1.4. Her statutory minimum entitlement to notice was 12 weeks’ notice. 1.5. The claimant’s holiday year was the calendar year and the claimant had obtained the benefit of her statutory and contractual leave for the proportion of the leave year to the date of termination being 31 May 2019.[2]The respondent must pay to the claimant a statutory redundancy payment of £9,927.00.[3]The claimant was dismissed without notice. The failure to pay her notice or to allow her to work out her notice amounts to a breach of contract and the respondent must pay to the claimant a sum equivalent to the money she would have earned over the 12 week notice period (including pension contributions which would have been made by the respondent) in the sum of £3491.16. Case Number: 3321252/2019[4]The claimant was not paid from 30 April 2019 until the issue of the P45 on 31 May 2019, a period of 4 weeks and 3 working days (3/5ths of a week) and in respect of that period the respondent must pay £1,338.28.[5]For the avoidance of doubt the total amount payable by the respondent to the claimant is £14,756.44.