Mrs M Walford v Leisure Training Corporation Ltd: 3321321/2019
JUDGMENT
[1]In default of any response from the respondent the claimant’s claims of unfair dismissal, failure to pay holiday pay and breach of contract succeed.[2]The respondent is ordered to pay to the claimant the total sum of £28,684.44 calculated as follows:-[1]Details Date of birth of claimant 06/03/59 Date started employment 07/09/98 Effective Date of Termination 24/05/19 Period of continuous service (years) 20 Age at Effective Date of Termination 60 Statutory notice period (weeks) 12 Date notice would have terminated 16/08/19 Gross Annual Income (from Claimant’s P60) £25,946.84 Gross Weekly Income £498.97 Net Weekly Income £404.32 Net Daily Income £80.87 Gross New Annual wage £22,000 Net weekly new Wage £355.98[2]Wrongful Dismissal Damages period (12 weeks) x net weekly pay (404.32) £4,851.84 Total £4,851.84[3]Holiday Pay Days worked (18) / 365 x 26 (annual holiday entitlement) 1.28 (days) Plus days outstanding (9) 10.28 (days) Daily rate (80.87) x 10.28 (days outstanding) £831.34 Total £831.34[4]Unlawful Deduction of Wages (till termination date 24/05/19) Net daily income (80.87) x number of days (18) £1,455.66 Total £1,455.66[5]Basic Award/Redundancy Payment Number of qualifying weeks years at 1 weeks (1) x £498.97 £498.97 Number of qualifying weeks at 1.5 weeks (19) x £498.97 £14,220.64 Total £14,719.61[6]Compensatory Award immediate losses (16/08/19 till 01/05/20) Loss of net earnings Number of weeks (37) x Net weekly pay (404.32) £14,959.84 Plus loss of statutory rights £500 Plus Pension loss Number of weeks (37) x gross weekly pensionable pay £923.11 (498.98) x 5% contributed by employer Minus new earnings Number of weeks (37) x Net weekly pay (355.69) £13,160.53 Total compensatory immediate loss £3,222.42[7]Compensatory award (future loss) Loss of future earnings Number of weeks (26) x Net Weekly pay (404.32) £10,512.32 Plus future loss of pension Number of weeks (26) x gross weekly pensionable pay £648.67 (498.98) x 5% contributed by employer Minus new earnings Number of weeks (26) x Net weekly pay (355.69) £9,247.94 Total compulsory future loss £1,913.05 Total compensatory Award: £5,135.47[8]Breach of contract Monthly rent £400 Number of weeks (12) x gross weekly pensionable pay (498.98) x 5% contributed by employer £299.39 Number of holidays accrued per week 26 (yearly holiday entitlement) / 52 (weeks) 0.23 0.23 (weekly accrued holiday) x 12 (weeks) 2.76 2.76 (days of holiday owed) x daily net income (80.87) £223.20 Total £922.59[9]Summary Totals Wrongful Dismissal £4,851.84 Holiday Pay £831.34 Unlawful deduction of wages £1,455.66 Basic award/Redundancy £14,719.61 Compensatory Award £5,135.47 Breach of Contract £922.59 Summary Total £27,916.51 Note: The basic award has been recalculated when preparing this judgment as the weekly figure used had not been adjusted to reflect the claimant’s gross pay as on her P60 which it had been agreed would be used for the calculations.